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Research on the effectiveness of judicial remedies

Author: ZhangZuo
Tutor: YueLiLing
School: China University of Political Science
Course: Human Rights Law
Keywords: International human rights norms Judicial Relief Effectiveness
CLC: D998.2
Type: Master's thesis
Year: 2010
Downloads: 170
Quote: 1
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Abstract

With the rising international status of China's participation in the activities of the international community, the breadth and depth are gradually increasing. China participated in the development of a large number of international human rights instruments , as well as a party to most international human rights treaties , bear a wide range of international obligations to protect human rights. Conscientiously fulfill these obligations not only to the protection of international human rights standards on human rights in China has achieved real , but is related to China 's international image in the field of protection of human rights . Chinese government in April 2009 issued the first \fully consider the recommendations and observations of the treaty bodies, combined with China 's national conditions to adopt and implement reasonable and feasible proposal . \International human rights law in judicial relief for individuals is an important right that was established in a large number of international human rights norms , individual rights are violated has the right to seek judicial relief . For countries is an international responsibility to protect human rights, the State is obliged to individuals whose rights have been violated judicial relief. In this paper, on the basis of international human rights norms , to explore the effectiveness of judicial relief from the perspective of legal system construction . Relief measures by the international community , including the passage of major legislative remedy , judicial and administrative remedies relief . Judicial remedy its important features an irreplaceable position. Based on the research on the effectiveness of judicial relief criteria as well as the United Nations and regional human rights bodies of practical experience in recognized international human rights standards , to examine the effectiveness of judicial relief gap with international human rights standards require , combined with China's national conditions , to propose specific suggestions to improve our judicial relief system . This paper is divided into four chapters , the first chapter study of international human rights standards on the overall effectiveness of the judicial relief requested , the concept of judicial relief , made a general feature elaborate , citing the origins of international human rights law, judicial remedies : including international human rights conventions regulations and other international human rights norms explain this issue . Finally, from the scope of the subject of rights , enforcement agencies and the judicial verdict relief validity criteria summarized judicial relief . The second chapter of the international human rights standards on the effectiveness of the substance of the scope of judicial relief requirements analysis , summarized judicial relief should be the subject of rights and equality and universal rights should have extensive range . Combined with our current law , noted that the current scope of the constitutional provisions on the rights of defects and gaps in civil , criminal , administrative proceedings may appeal the scope of international human rights norms . The third chapter of the international human rights standards for the independence and impartiality of the substantive requirements of judicial relief agencies were studied , the discussion of the important issues that affect our country 's independence and impartiality of the judiciary is proposed for improving the personal independence of the judiciary , justice the system recommended security. Chapter IV of the substantive requirements of international human rights standards and enforcement of judicial remedies to be introduced , a comparative analysis of the kind of judicial remedies and the status of legislative, judicial enforcement measures , focused on the problems pointed out for the kind of judicial remedies and perform recommendations were made to improve .

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