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诉权是法律赋予当事人进行诉讼的基本权能,具有程序上和实体上的双重涵义,是诉讼权利的前提和保障。作为公民的一项程序性基本权利,“诉权”的概念还处在我们宪法之外,这种空缺状态已经不能适应我国依法治国的客观需要。因此,加强诉权的宪法保障不仅符合现代法治理念的要求,而且也顺应诉权的宪法化、国际化趋势。我国宪法应当明确规定公民享有诉权,从而凸显诉权的宪法性地位和价值。
The right to sue is the basic right given by the law to litigants. It has both the procedural and the substantive dual meanings and is the precondition and guarantee of litigation right. As a procedural basic right of citizens, the concept of “litigation right” is still outside our constitution. This vacancy can no longer meet the objective needs of governing the country according to law. Therefore, the constitutional safeguard for the right to appeal not only conforms to the requirements of the modern concept of the rule of law, but also complies with the constitutionalization and internationalization of the right to appeal. Our country’s constitution should clearly stipulate that citizens should enjoy the right to sue and thus highlight the constitutional status and value of the right to sue.