Remedies Precede Right In English Law And The Revelations For Legal Construction In Our Country

In the many features of the English common law, the principle of remedies precede right has a long history, and it is not only particularly important, but also it deeply affected the entire Anglo-American legal system. The formation of the principle is directly related to the writ system in the common law, and it is inextricably linked to the British empiricist philosophy. At the same time, it treats British legal and cultural traditions as the ideological roots, but also it is influenced by the Anglo-American legal mechanisms.As for remedies precede right, you can see the importance of the remedies in literally, and it is in the legal status of superior to the rights. The main value of the existence of the substantive law is to achieve social equity and justice, however the procedural law is more focused on the protection of substantive justice. In order to ensure achieving substantive justice better, the remedies implies more efficiently. Substantive justice must be protected relying on procedural justice. But at the same time, the substantive justice has its own independent values too. The state and society require the program to guarantee the realization of justice, and citizens also look forward to this legal environment.In comparison, the civil law is implementing the civil law our country. Due to the long history coupled with the impact of cultural traditions and other factors, the main purpose of judicial activity is punishment of crime, and paying more attention to impartial entity, however ignoring the value of the program itself. Compared with the common law, our country has the tradition of emphasizing on physical light program, and lacks of the procedural culture in legal ideological. Currently, the procedural law is not well established law, and the phenomenon of violating procedural law in the judicial practice is widely spread. In order to implement the basic strategy of ruling according to the law, drawing on the principle of remedies precede right is undoubtedly of great significance. And it will be far-reaching for achieving the goal of building a socialist country ruled by law.Through thinking of the principle of remedies precede right deeply, the article starts with the causes of this principle and explains its development process and its impact on the British rule of law, and finds that legal construction problems in our country and analyze their causes on the base of analysis the status of domestic law. Through study comparatively, the article sums up revelation s of the principle for the legal construction and a series of reference methods.