A Study On Legal Theory And Practice Of Human Rights Judicial Guarantee System In China

Human rights, in the different historical condition, has different connotation. As the rights of people, it should be a natural rights and real rights, moral rig hts and legal rights. Because of the limitation of natural conditions and social hi storical conditions,the citizen’s human rights are often identified by the law. Ho wever, human rights can be realized finally, it not only depends on the legal co nfirmation, but also a country’s human rights protection system. And the core of the human rights guarantee system is the judicial protection of human rights, it is the key to implement the citizens’ legal rights eventually. After the white pap er on China’s human rights situation, our government has established the human rights in the form of official documents for the first time in our country, and op ened a new chapter to the judicial protection of human rights. With the concept of human rights into the constitution and appearing the concept of "the judicial protection of human rights", judicial protection of human rights system got a cro ss-century development.We emphasize that the judicial guarantee is the most important mechanisms,mainly thanks to nature and function of judicial itself. Procedure and independe nce show the superiority of the judicial protection of human rights. and justice c an confirm right ownership through making the judicial ruling. At the same time,the judicial protection of human rights can transform legal rights into realistic r ights. In recent years, however, unjust cases and wrong cases have shown the lo opholes the judicial system. This article studies the theory of law of judicial prot ection of human rights, and illustrates the important position of judicature in prot ection system of human rights. And it provides the important theory basis of jud icial protection of human rights. Look around the world, the judicial protection o f human rights appears the trend of internationalization. It also provides experien ce through analyzing the executive meatures and international judicial practice of protection of human rights. The purpose of this paper is emphasizing the impor tance of the judicial protection of human rights through exploring its theory and practice. And it attempts to put forward the idea of perfecting judicial protectio n mechanism of human rights in our country.