The Study On The Terminal System Of Petition Letter Concerned Lawsuit

The Petition Letter Concerned Lawsuit is the actions which aim at the courts.Its central claim is request the court to start judicial procedure and to perform some litigation actions,which concerned the actions of people’s court accepts a case,trial a case,or execute a case. The Petition Letter Concerned Lawsuit has always been a serious problem in the people’s courts all the time. More and moer complaints seriously interfere with the normal work of the people’s court.With the deepening of China’s economic reform and the adjustment of the structure of social interests,there has been a lot of social conflicts appeared,the total number of the Petition Letter Concerned Lawsuit also increasingly huge.However, the courts and judicial staff also found The Petition Letter Concerned Lawsuit is entering a vicious circle.That is,The more. manpower, material and financial resources the local courts put in, the petition parties desire even more intense,the more cases of the Petition Letter Concerned Lawsuit come consequently. Visit downtown and visit wrapped cases,due to lack of factual and legal basis, the Court can not meet the request of the parties beyond the bottom line of the law.After the parties unreasonable demands can not be met, they turn to group visits and leapfrog visit,which is even worse.The Central Political and Law Commission issued a "Complaint petition cases end approach" in2005.In May2011, The Supreme People’s Court issued the "The Solutions to solve The Petition Letter Concerned Lawsuit for the people’s court", this makes a useful attempt in the specification of Petition Letter Concerned Lawsuit. The promulgation of this document marks a great progress in the petition work history. But as a programmatic document,it still has some problems,such as poor corresponding ability to the reality,The insufficient system convergence and the rules are too broad.It Still need to be perfected in practice for implementing in the work and getting rid of awkward position in the past.According to the "the Solutions to solve The Petition Letter Concerned Lawsuit for the people’s court " of The Supreme People’s Court, from the viewpoint of law,The author thought about the problems of The Petition Letter Concerned Lawsuit.The first part introduces the basic theory of the Terminal System of Petition Letter Concerned Lawsuit.In order to make everyone have a direct understanding of the Petition Letter Concerned Lawsuit.The article discuss the conceptions related to The Petition Letter Concerned Lawsuit in the first. Then analyzes the theory basis of the Petition Letter Concerned Lawsuit from the angle of Jurisprudence and the value and the necessity of its existence.Then,through analying to the present situation, the practice dilemma and its cause of the Terminal System of Petition Letter Concerned Lawsuit,To enable us to identify the fundamental problems of the Terminal System.thereby enhancing the pertinence and effectiveness of work. As a system with Chinese characteristics, the Petition Letter Concerned Lawsui violate the rule of law and facing difficulties in the waves of building the rule of law.Although the concept of the Litigation petition has been proposed for many years, Judiciary still lacks initiative petition in handling problems,coupled with the the system itself is not perfect,the Terminal System of Petition Letter Concerned Lawsuit is very difficult to run up.Finally,the author thought about the problems from the viewpoint of law, to find the breakthrough point and further improve and perfect the Terminal system.by this way,to ensure that the Petition Letter Concerned Lawsuit get to the legal,standardized track as soon as possible.In practice the system must be carried out in accordance with the summary of strict standards and procedures,which basic premise is that the support of the legal system,based on this we build a reasonable body and procedures of the Terminal System of Petition Letter Concerned Lawsuit and guarantee the system run smoothly.