诉权理论与中国少数民族诉权

Theory of the Right to Litigation and the Right to Litigation of Chinese Minorities

传统诉权理论暴露出深层次问题:以法律规定的实体权利架构诉权;忽略诉权当事人主体地位;把诉权视为审判权的产物。诉权是公民发动诉讼的基本权利,既不是一般实体权利,也不是一般程序权利,属于人权范畴。中国少数民族诉权保障严重缺乏,必须进行相应的改革。

The traditional theory of the right to litigation has its deep-rooted problems as follows： constructing the right to litigation by legal rights guaranteed by law;neglecting the predominant status of the litigant;treating the right to litigation as the product of jurisdiction.The right to litigation is the basic right for citizens to start a lawsuit;it is neither general substantive rights nor procedure rights;it belongs to human rights.Because the right to litigation of Chinese minorities is not well guaranteed,its reform should be undertaken accordingly.