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在现代法制文化中,诉权作为公民的程序基本权,是一种制度性权利,具有基本人权的属性。人权,作为人之为人而应当享有的权利,包含了对其发挥外在保障职能的程序性权利的内容,如诉权内容。同时,人权范畴下的实体权利救济很大程度上通过诉权的存在来实现。在现代中国民事诉讼实践中,诉权的发展与提升是处于上升的行进中的,这是对人权保护的有力保障。但与此同时,诉权在当今中国的行进仍是存在问题的,即对人权的保障实际存在缺憾。因此,需要对诉权从人权角度高度重视,促进其自身的发展,使诉权与人权在中国实现更好的行进与提升。
In modern legal culture, the right of action as the basic procedure of citizens is an institutional right, which has the basic human rights. Human rights, rights to be human beings, include the procedural rights to play an exogenously guaranteed function, such as the content of the right to action. At the same time, the relief of substantive rights under the category of human rights is largely achieved through the existence of litigation rights. In the practice of modern civil litigation in China, the development and promotion of litigation rights are on the rise. This is a strong guarantee for the protection of human rights. At the same time, however, there is still a problem with the right to action in today’s China, that is, there is a real shortcoming in guaranteeing human rights. Therefore, it is necessary to attach great importance to the rights of action from the perspective of human rights and to promote its own development so that the rights of prosecution and human rights can be better marched and promoted in China.