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The Research On The Mechanism Of Lawyers' Participation In Resolving And Acting For Complaints And Visits Involved In Law

Posted on:2020-07-18Degree:MasterType:Thesis
Country:ChinaCandidate:H L HouFull Text:PDF
GTID:2416330599957886Subject:Basic principles of Marxism
Abstract/Summary:PDF Full Text Request
Against the background of deepening political and economic reform in China,the concept of rule of law among the Chinese people has gradually strengthened.The demands for the interests of the masses are increasingly diverse.All kinds of social problems and contradictions have gradually become prominent.Despite the fact that the state organs of politics and law(including petition departments)continue to deepen the reform of the working mechanism of petition and petition concerning lawsuits and innovate the design of the system.While resolving social contradictions and maintaining social stability,it also guarantees the legitimate rights and interests of the petitioners and visitors.However,due to the lack of external intervention and supervision,complicated appeals for letters and visits,the existing working mechanism of letters and visits shows its limitations and shortcomings : There is no obvious decreasing trend in the total number of lawsuit-related petition cases,the quality of handling cases needs to be improved,making the current work difficult,increasing the difficulty of resolving cases,which may lead to the decrease of the social credibility of national judicial organs.Under these circumstances,only by continuing to deepen and innovate the working mechanism,managing the social power,in this way can we meet the requirements of the letter and visit work in the new era.To get rid of social contradictions,traditional solution system and moral dilemma,it is necessary to study "giving full play to the positive role of social units,organizations and the masses in social management".Directed by the Construction of Diversified Dispute Resolution Mechanisms,supporting and guiding third-party social forces,to intervene in the procedure of petition concerning lawsuit,perfecting the relevant institutional rules.It is an important issue for legislators and policymakers.In particular,we should not neglect the lawyer team,which is a highly professional third-party force.From the following three aspects,this paper studies the mechanism of lawyer's participation in resolving and representing lawsuit-related petition cases:Part 1,Research on theoretical origin and institutional advantage.From theconnotation of lawsuit-related letters and visits,to their theoretical origins and institutional advantages,to the practical cases of successful resolution and agency,to provide a solid foundation for this study.Part 2,Problems and causes of research.In this part,there are some problems in the environment of rule of law,system norms,role orientation,cognitive bias,coordination mechanism,guarantee mechanism and service mechanism,analyzing the causes and defining the problems,providing help for the construction and improvement of the mechanism.Part 3,Measures to Improve Research Mechanisms.Aiming at the problems in the second part,combining practice and deep research,establishing a more perfect and effective mechanism for lawyers to participate in the resolution and representation of lawsuit-related petition cases gradually.
Keywords/Search Tags:Lawyer, Dispute resolution, Litigation agency, Letters and visits concerning lawsuits, Mechanism
PDF Full Text Request
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