Litigation Civil Petition Under The Procedural Safeguards Vision Research

Under the situation of having no perfect public sentiment expresses mechanism, its function is to deliver the public sentiment from the grass root to the government. With the development of society and economy, the system has not been due to the new situation. Since the department of dealing with the Letters and Visits was set as a part of the legal court system, the problem has been more serious. The dealing procedure and result of the Letters and Visits relating to civil lawsuit is with uncertainty and contingency, which is an action running totally counter to the theory of procedure guarantee. As a result, it really has a bad impact on judicial authority. Under the perspective of procedure guarantee, the paper studied the theory, the history, the demonstration, the conflict, the comparison of similar system in other countries and try to give suggestions for the current situation and long-term.This article includes five chapters. Each chapter is as follows:The first chapter analyzed the basic category, conception, characteristics and history of the Letters and Visits relating to civil lawsuit. In author's opinion, the Letters and Visits relating to civil lawsuit is that citizen, judicial person and other organizations want the organs of government to solve the issue which has been involved in civil lawsuit or has already become effective by letters, E-mails, fax, calls, visits and other means.The second chapter, author mainly used the method of demonstration to research in order to point out the actuality and problems of the Letters and Visits relating to civil lawsuit. And analyzed the reason why it had been such situation from four aspects. Besides, this chapter showed author's opinion on'to be or not to be'of the Letters and Visits relating to civil lawsuit that it should be abolished, but it takes a long time. As our society is on a transition time, some issues with historical reason cannot be solved by current law system. Therefore, it needs the system of Letters and Visits relating to civil lawsuit as an additional remedy to solve the special issues. However, such issues shall finally disappear with the elapse of time.The third chapter conducted a deep analysis of the conflict between the 'Letters and Visits relating to civil lawsuit' and the theory of the procedure guarantee by means of contrast. And it pointed out that the aim of civil procedure is procedure guarantee.The fourth chapter gave a suggestion on how to reform the procedure of the 'Letters and Visits relating to civil lawsuit' in accordance with the current situation is that recommending the Hearing system and defined its legal result. The fifth chapter suggested that judicial authority is the key point to make sure that the Letters and Visits relating to civil lawsuit would never appear again.