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, rights must rely on law and litigation in order to obtain the most powerful guarantee. Rights must be law and litigation. Compared with the legislation, litigation not only helps to protect the rights of people and citizens more, but also helps to solve social conflicts and the process of national democracy and the rule of law. In the course of rule of law in China, we should attach importance to the litigation of the constitution, the unification and independence of judicial power, and the certainty, accessibility and availability of law.