The Preliminary Study On The Theory Of Human Rights Litigation In China

The inherent requirement of the theory on litigious right is to find out the rights' source that a lawsuit is launched.Based on the demand,various theories on litigious developed.They are not only the precipitation of classical theory,but also the help of pointing out the direction of the future.In the modern law-ruling society,the litigious right has been a fundamental right.It is important that the litigious right has been written into the constitution by many nations and international treaties.The property of human rights given by the litigious right,the theory of human rights litigation is to give relievers be purpose's with person under the care of the administration and deliver the value of human rights that adopted with times.It is also the new foundation of the development on the theory of litigious right.Tracing back history and evaluating theories,the concept and the characteristics and the nature of the theory on human rights litigation should be redefined,finding the property of human right in four major litigious rights and explaining the reason why the parties participate in the litigation so that perfect the litigation system focused on the right.The legal development always revolved around the struggle and the conflict of the right.From the perspectives of three genres on law and procedural justice,the paper will illuminate the rationality and legitimacy of human rights litigation.New trends have not only the historical mission of the development on theories but also the reality requires of assurance of rights.Longitudinally,the theory of human rights litigation is more superior than the theories before,breaking through the traditional ideas on the conflict from substance and procedure and the restrain of judicial authority and the dominant position of human.On horizontally,the theory of human rights litigation should further develop maintaining social order by lawsuits and restricting power by right and assuring of human rights by procedure.The renovation of ideas brings the system optimization,case-filing register system and public litigation and register online are all embodied by the value of human rights.Whether completing the existing system or establishing the new system,the litigious right explained by human rights gives breakthrough that parties can fully exercise the litigious right.