Protection Of Litigious Right

Litigious right theory, which is very important, together with litigant theory and lodging proof theory, is fundamental of civil litigation. Since 19th century, civil law country has been doing full research into litigious right theory. But our country hasn't paid much attention to it yet. So the problem of litigious right protection shortage does exist in our country chronically and commonly. This thesis, beginning with the basic theory of litigious right, discusses it's content, component and function; putting the litigious right theory down as a constitutional right. The thesis also analyses the present status("can't go on", "can not use") and affirms the litigious right's function of starting and restricting the jurisdiction, protecting and activating the right. Based on this, the paper mainly analyses the two present situations of litigious right protection and their respective reasons. 1.The citizen has difficulty in staring the jurisdiction proceeding, the reason of which is because the litigant area is limited and the prosecuting condition is rigorous. 2.The cost the citizen spend on the jurisdiction is very high, the reason of which is because that there are many problems in the systems of jurisdiction justice, trial efficiency and legal cost etc. In the end, the paper offers two ways of reforming according to the present status of litigious right protection. One is researching legal settings and just trials of court according to the Pact of Citizen Right and Political Right, elucidating the final jurisdiction right and discussing how to broaden the limits of the litigation, which aim at solving the problem of stating jurisdiction proceeding conveniently. The other is researching the problems of legal aid, litigation insurance and legal cost, discussing the possibility of constructing the multi-choice-system of the jurisdiction proceeding, and trying to solve how to assure the citizen can afford the jurisdiction proceeding.