诉权是法律赋予当事人启动法律程序以维护自己利益的权利,具有实体和程序上双重的含义。和人权一样,作为公民的一项基本权利,诉权却仍处于宪法之外,迟迟不能将诉权写入宪法,已大大不能顺应依法治国的需要和现代法治理念的要求。因此,在法治走向现代化的过程中,推进诉权入宪是十分必要的。 The right to sue is the right given by the law to the parties to initiate legal proceedings to safeguard their own interests and has the double meaning of substance and procedure. Like human rights, as a basic right of citizens, the right to appeal is still outside the constitution, and the delay in writing the right of action into the constitution has greatly failed to comply with the requirement of governing the country according to law and the concept of the modern law. Therefore, in the course of the rule of law toward modernization, it is very necessary to promote the right to sue into the Constitution.