Discussssing The Constional Lawsuit Protection Of Litigious Right

Constitution and laws give many rights to citizens, citizens can freely exercise, butthese rights can also be encountered the exercise of being violated or disputed, thencitizens can use the relief of right,litigious right, to get equal and adequate public remedy.At present, litigious right as an important right, has shown the constitutional andinternational trends, many countries recognize the important role and be provided with theConstitution. In China, litigious right has not been widespread concern, received specialprotection, they are often be violated in everyday life and not well implemented, facedwith this dilemma, we should appeal for constitutional protection, Litigious right into theConstitution, and establishing constitutional lawsuit.This paper is divided into four chapters. The first chapter is written by litigious right,the research object of this paper, introduces the concept,features, and value of litigiousright, makes a general understanding of this right. The second chapter is mainly introducehow foreign countries do about constitutional protection of the litigious right, it firstlyintroduce the constitutional protection of litigious right from the perspective of foreignlegislation, citing a number of on behalf of the state constitutional provisions, then fromthe judicial point of view, the main comparative analysis of the United States andGermany as the representative of litigious right judicial relief system,constitutionallawsuit. Chapter three describes the current situation of China's constitution guaranteeslitigious right, on the one hand, to write the development of China's right to appeal the law,on the other hand,mainly to write our constitution guarantees litigious right the problemsfaced: litigious right,the lack of constitutional status and constitutional litigation. Thefourth chapter of our country's right of appeal to resolve the problems, this chapter firstanalyzes the constitutional guarantee of litigious right the necessity that the constitutionalguarantee of right to appeal the urgency, and then gives his own improvement measures:establish a constitutionally guaranteed right to appeal the new thinking, the right of appealinto the Constitution, the establishment of constitutional litigation, the development ofnew laws.