Research On Individual Complaints Mechanism Of European Human Rights

In modern countries,Safeguarding human rights has become an international consensus,the protection of human rights is not only the important content of domestic law,an important symbol of measureing a country's legal system is perfect or not, an important way of measure a country rule of law or not,and it is the important content of international law,compared to the imperfect situation of the protection of human rights in the domestic law,The pace of international law, especially the regional law is more faster.Europe is the birthplace of human rights thought,Since the ancient times the protection of human rights has been the tradition and practice.Meanwhile,The two world wars are curator originating from Europe,the two world wars teaching people to know,Only protecting human rights, Inhibiting autocracy and dictatorship,we can maintain long-term peace and stability.Shortly after world warâ…±,at Churchill's call,Western Europe and the victors established a pan European organization,1948 established the European councils,And drafted the European convention on human rights,the Convention effected in 1950.According to the European convention on human rights two protecting human rights actuators were set up,The European commission on human rights and the European court of human rights, from setting up to now gradually maturing stage, The European court of human rights experienced several stages of development.First is the beginning of establishment,The European court of human rights established in 1959,After the establishment of the European court of human rights,it plays an irreplaceable role In human rights protection,but as the first one,the growth of the appeals to the European court of human rights, makes the case processing very slow;The increase of contracting states makes the problem become more severe,The second is the non-permanent of the European court of human rights and the European commission on human rights and repeated procedure in the trial cause trial slowly;The third is the members of the convention hope supervising agencies more independent judiciary properties;The fourth is to improve individual appeal situationSo in 1998,the European court of human rights through reform has entered a new stage.It is also the second stage,After the reformation,The European court of human rights in the following several aspects made the breakthroughs:The first, and most major one,Is about personal factors,Individuals have the right to appeal directly,Without the statement to accept of the member concerned.Through this reform, personal rights appealing status has been improved considerably,Because it gives individuals with completely litigation,Thus it makes human rights court becoming the truly organizations of protecting human rights;The second is that court becomes from temporary into permanent,Thus it helps cases rapid efficient trial;The third is the control system's composition by three institutions into only one,Completely judicial.committees is cancelled withdrew through reform,And minister committees' power in deciding cases is cancelled,is limited to supervising the execution of the court.Setting up an only permanent court composed of the permanent judges and judges assistant.However the 1998 reform in human rights court after being implemented for six years later still has many difficulties to overcome.Including strengthening domestic relief to reduce the number of cases and how to more quickly screening cases and handling cases such as problems need to be rescued.So in the multilateral calls,In 2004,the European court of human rights passes a second reform,Although the European court of human rights after two reform has made great progress, but many problems still exist,the most prominent problem is the problem of the backlog of the case is still outstanding,however,despite this,The modes of European court of human rights plays an important role for the better protection of their human rights for the people of all countries.For China.human rights situation of more general,It is more valuable and meaning.Imitating the European court of human rights' model,Now African court of human rights and American court of human rights have already been established,Scholars have suggested,The establishment of the Asian court of human rights should be assured.So in establishing Asian court of human rights,The European court of human rights,Especially the individual complaint mechanism of European court of human rights has more reference value and reference meaning for our future establishing Asia human rights courts and personal complaint mechanism of Asia human rights court!...