Ways to Improve Judicial Protection System of Human Rights

Abstract

In social life, we both have obligations and rights. Judicial guarantee for human rights is both the happiness people always pursue, and the goal for which communist party of China has been unremitting striving. For the respect for human rights, a corresponding system of judicial protection of human rights has been written to the highest authority of law, The Constitution, in China. However, there are still some holes need to be perfected so as to better serve the people. Human rights, just as its name implies, refers to the rights of man. In China, a country under the rule of law, human rights are not only the most basic starting point and final destination of law rule, but a judicial basis for right standard judgment and value in the reform. China is a country with profound respect for human rights, and has achieved good results in the judicial protection of human rights system. Though, the continuous development of society makes the increase in people's demand for right, and some level of the original justice of human rights in social security system cannot satisfy it, and there are some problems need to be solved rapidly. Therefore, this article studies and makes instructions on the improvement of the judicial protection of human rights on the basis of nowadays society. I. IDENTIFY THE INNER NATURE OF THE JUDICIAL PROTECTION OF HUMAN RIGHTS For judicial guarantee for human rights, some people understand from elaborating its literal and think it is to use legal system to protect human rights. Such simple surface meaning in a certain extent distorts the real meaning of judicial protection of human rights. Long ago in the ancient society, judicial right was also used to protect the lawful rights and interests of the people. When crimes happen, the rights and interests of the victim will get the protection and security. But when punishing criminal offenders, their human rights are ignored, let alone using a single criminal to exclude all others for the whole group as well as the whole family. After the concept of human rights, which came from the democratic revolution from bourgeois, was put forward, they believe that everything people born with, including people's lives, physical health, each person's property, freedom and dignity, is the human right which should be protected by law. So for judicial protection of human rights, the most basic is not only to pay attention to and protect the victim's personal rights and interests, also protect the basic rights and interests of the victim to ensure the accused person's human rights not to be trampled in the process of handling criminal cases. This shows that our country judicial protection of human rights not only makes a harsh crackdown on illegal crime, and at the same time, in a certain extent, protects personal rights and interests to obtain fair and justice. But with the development of the time and the progress of social science and culture, human rights are not confined to the original life rights protection, but developed into collective rights, political interests, economic and cultural rights and interests, so that every Chinese citizen can feel the judicial justice and fairness, and judicial justice can serve the people with heart. II. FIRM BELIEF OF HUMAN RIGHTS PROTECTION