权利与诉讼

在现代社会,权利必须依靠法律与诉讼才能获得最有力保障。权利必须法律化和诉讼化。相对于立法而言,诉讼不仅更加有助于保障人和公民的权利,而且也有利于社会冲突的解决和国家的民主与法治进程。在中国的法治进程中要重视宪法的诉讼化、司法权的统一与独立,增强法律的确然性、可接近性和可利用性。

In modern society, human rights won t be maintained unless they are protected by law and lawsuit. Compared with legislation, lawsuit is more effective in terms of protecting civil rights, settling social conflict, and facilitating democracy and the rule of law. According to this author, the formal-ization and sanctification of lawsuit, among others, is crucial to China's rule of law.