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Petition Letter And Judicial Authority Established

Posted on:2007-08-03Degree:MasterType:Thesis
Country:ChinaCandidate:Z W YaoFull Text:PDF
GTID:2206360185471307Subject:Law
Abstract/Summary:PDF Full Text Request
Since the visits by letter of the system is established in 1951 ,it is already more than 50 years. Under the situation of having no the perfect public sentiment expresses mechanism, its function is to deliver the public sentiment from the grass root to government. The system is not due to the new situation. There is the visits by letter of the system under the legal court system. It hurts judicial authority and leads to legal courts to deal with a lot of cases of the visit by letter. It is difficult to legal courts. There are many problems about legal court system ,such as its provincialize and administerize.But the establishment of the judicial authority, contrast the history experience of the western rule of law development, the request has the some term. The legal court should have the powers of independent of trial, final decision, judicial review, to pronounce contempt court. And it requests judge authority, judicial justice, judicial judgement to be carried out. Certainly, it was an endless process, and also the demand combines together with Chinese concrete state of the nation. In judicial authority establishment of process, the forensic letter visits the system can abrogates gradually, the court can exercise the judicature .The paper is divided into four parts totally. The first parties about system and its developments, including the concept development , the reason that appear, organization ,the realistic rationality ,etc. It is a special system of the our country ,from foundation of the Peaple's Republic of China, which until now experienced four stages.. The organization is spread all over in each national organization .The second part is about legal visit by letter and its existent reason. There are two kinds of concepts ,the broad sense and narrow sense .Narrow sense of it is provision legal visit that the circumstance between request to point the party concerned to the forensic verdict or justify dissatisfied, forensic verdict or justify to not reach the party purpose, not according to the criminal procedural law , code of civil procedural law , the litigation procedural law . The third part of is a concerning of jurisdictional kind and the concept of the judicial authority. The four part is a concerning of legal letter...
Keywords/Search Tags:judicial visits by letter, the judicial authority, establishment
PDF Full Text Request
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