Research On The Justiciability Of The Right To Adequate Food

Deeply rooted in the concept of human rights the right to adequate food by more and more attention,but the current legal system cannot keep up with the pace of development of the right to adequate food,so as to realize the right to adequate food is not guaranteed.Faced with this dilemma,this article from the concept,content and nature of the right to adequate food for the embedded point,combs the relevant theory of the right to adequate food,it is considered that the right to adequate food is a basic human rights including food safety,moderate nutrition and food culture.Then,the article begins with the possibility of litigation,introduces the narrow sense of litigation and the broad sense of litigation,and demonstrates that the current judicial protection of human rights needs to adopt a the broad sense of litigation,thus laying the foundation for the full text of writing.Then,starting from the controversy about the right to sue for the right to food,this paper introduces the argument that the right of food can be sued and the refutation of this paper.negativist think right to adequate food is a positive right,high cost of rights,vague right,it does not have the actionable condition,forced action will affect the separation of powers.For the opinion of negativist,the paper criticizes right dichotomy,cost of right,right ambiguity and the influence to separation of powers,refutation the views of the negativist,and demonstrates the right to adequate food is actionable.Then,the article introduces the judicial practices of the right to adequate food from reporting mechanism and complaints mechanisms on an the international level quasi judicial relief and direct judicial relief and indirect judicial relief at a national level,proved that the right to adequate food justiciability has an actual possibility.Finally,based on the situation of china,this paper introduces the right to adequate food can be actionable dilemma in our country,and the obligation hierarchical theory as the basis,from the obligation to respect has completely actionable,the obligation to protection has partly actionable,the obligations to realization has limited actionable three aspects discussed our country the right to adequate food can be the possibility of actionable,so as to providing some suggestions from the aspects of system for realize the justiciability on the right to adequate food,such as perfecting administrative litigation system,the public interest litigation system etc.