Discussing the Constional Lawsuit Protection of Litigious Right
|Keywords||Litigious right constitution constitutional protection constitutional lawsuit|
Litigious right is originated from the Rome law. The rule of law in modern society,right as a basic right of the citizen, is a special, have constitutional rights property rights,civil rights, is to obtain the final judicial relief is the premise and the foundation, thesupposedly from the constitution to give recognition and protection. On the right toconstitutional safeguard is the rule of law, constitutionalism and human rights protection isthe inevitable requirement. In the world history of constitutionalism, action has beenincreasingly constitutionalization, the trend of internationalization, international, foreignand other constitutional documents have been successively in the constitution of litigiousright to confirm and protect. Because our country is current litigious right constitutionstatus loss and is not establish constitutional lawsuit system, protection of the right ofaction in Constitution is extremely weak and inadequate, resulting in the practice still existin the citizen s right to be restricted, persecuted phenomenon. In the face of litigious rightdevelopment of this dilemma, it is necessary from the height of the constitution protection.This article first elaborated the litigious right theory, concept, characteristics ofvarious, classification, structure, function and action of the attribute and value, litigationright connotation for the constitutional protection of right of action provides a theoreticalbasis, but also enables us to recognize the importance of constitutional guarantee; secondly,explored in depth the constitutional guarantee of claims in our country on the basis of thefatal flaw is that points out existence problem--not to establish constitutional litigationsystem, combining with the analysis of the causes of the defects of claims in our countryconstitution safeguard necessity; finally, a detailed analysis of the constitution guaranteeright of foreign experience, our country on its legislation and practice experience are putforward on the basis of perfect our country the constitutional guarantee of right of action,namely in the Constitution explicitly confirm litigious right, establishment of constitutionlitigation system in our country and establish the civil right of main body position.