何谓诉讼权——兼论诉讼权入宪应当缓行

On Right of Litigation:Adding Right of Litigation into the Constitution Should Take its Time

诉讼权属于基本人权之一,应为宪法上一种独立的权利类型。诉讼权的内涵可概括为三个方面即诉诸法院救济的权利、法院独立的组织保障以及公平正义的审判程序,它们均涵盖诸多子项内容。诉讼权入宪,系宪法为其权利体系供给自足救济之必需,在世界范围内具有相当的普遍性。近代以来我国宪法或宪法性文件亦多有诉讼权方面的规定。现行宪法缺乏此等规范条款,值得吾人检讨。但修订现行宪法让诉讼权入宪应该缓行,当务之急在于修订和完善我国相关法律,并不断提升宪法在法治建设中的功能和地位。

Right of litigation, as one of the basic human rights, should be an independent type of constitutional right. The content of the right of litigation can be summarized into three aspects, namely, the right of access to court relief, the independent organization security of the courts and the trial procedures of justice, all of which cover many sub-items. Adding the right of litigation into the constitution means that the constitution supplies the necessities for the self-sufficiency of the system, which is universal in the world. In modern times, China's constitution or constitutional documents have regulations about right of litigation. There is no norm about right of litigation in the present constitution, which sincerely should be amended. However, adding the right of litigation into the constitution should take its time, and the urgent priority is to revise and perfect relevant laws, and improve the constitution's functions and status in legal construction.