The Function of Human Rights Protection and Its Approaches of Filing and Review— Rethinking of PAN Hongbin Case

• 作者: LIANG Hongxia YIN Tao
• 来源期刊: 人权（英文版）
• 年，卷（期）: 2020,（2）
• 所属期刊栏目: ACADEMIC MONOGRAPH
• 页码范围: 204-220
• 页数: 17页
• 语种: 英文

摘要

The PAN Hongbin case raised to the academic circles the question of how to connect with the court proceedings after the People's Congress filed for review. The solution to this problem should focus on the functional positioning of China's recording and review system, whether it involves the specific rights of citizens in individual cases. From the actual situation in China, the development trend of the constitutional review systems in various countries in the world, and the attitudes of the National People's Congress and the academic circle, the protection of civil rights should be one of the functions of record review. According to the relevant provisions of the Legislative Law and the Law on the Supervision of Standing Committees of Peo-ple's Congresses at Various Levels, our courts should construct a dual complementary mechanism for review requests from the Supreme Peo-ple's Court and review recommendations from local people's courts at all levels in the litigation process. Meanwhile, according to the ret-rospective theory of the law, the filing review filed by the parties after the court's lawsuit should be retroactive to the parties themselves, and the law should provide for a system to initiate retrial proceedings in this case to relieve the parties' rights.