The Empirical Investigation and Improvement Path of Judicial Protection of Civil Litigation Rights in China

• 作者: LI Yan HU Yue JIANG Yu
• 来源期刊: 人权（英文版）
• 年，卷（期）: 2021,（5）
• 所属期刊栏目: ACADEMIC FORUM
• 页码范围: 831-850
• 页数: 20页
• 语种: 英文

摘要

The close coupling of civil litigation rights and human rights mean how well litigation rights are realized can directly or indi-rectly affect the judicial protection of human rights. Therefore, human rights protection in the field of civil litigation should take the right of civil litigation as the starting point and core. Based on a sample ques-tionnaire survey of judges and lawyers, this paper conducts an empir-ical analysis and proposes that the exercise of this right should be tak-en as the main line to build a comprehensive protection mechanism for this right to realize its role in providing an institutional guarantee for human rights protection. It specifies three aspects: first, the process of filing a case should uphold the freedom and equality of the right to ini-tiate litigation, remove substantial obstacles that affect the filing of the case, and ensure access to justice for disadvantaged groups; second, the trial procedure should have strengthened checks and balances on judicial power to ensure the right of litigation is compromised, and re-spects the procedural subject status of the two parties to realize equal protection of both parties; the third is to promote the implementation and improvement of relief for this right in the supervisory procedure, clarify the boundary of its relief by procuratorial supervision, and en-hance the comprehensiveness and accuracy of the relief.