On The Settling Judicial Cases By Letters And Visits

The settling judicial cases by letters and visits is Proposed firstly in the petition work meeting held by the Supreme People's Court in Changsha, 2004. In the past, phenomenon already exists that one who dissatisfied with the decision of the court entered into force, through letters and his request to the court to change the original verdict or to reflect the court. The settling judicial cases by letters and visits isolated from other letters and visits, helding a special meeting to study and establishing specialized organizations treat, all of these prove the recent rapid development of the settling judicial cases by letters and visits. Settling judicial cases by letters and visits has a tremendous impact on the original letters and visits theory. In the past, People only focus on the executive letters and visits, Even if the letters and visits about court, it also will be included in the legal petition letters and visits, treated by Politics and Law Committee of Communist Party of China. The settling judicial cases by letters and visits need a corresponding theoretical system distincted from oher theories. The theory of should be taken into account characteristics of the work of the court, and to promote the work of the court in the new period.The settling judicial cases by letters and visits main purpose is to change a court decision who entry into force. he settling judicial cases by letters and visits not only has a negative function,which has challenge on the authority of court, has a direct bearing on the concept of culture with socialist rule of law,has a great burden on the family and the community. On the other hand, The settling judicial cases by letters and visits has its positive function,through the settle ,it can improve the relationship between the general public and those in power,and prove the legitimacy of its existence. What is more important is it can provide a window venting to release pressure.The nature the the settling judicial cases by letters and visits disclose is how to deal with the contradictions between the expression of public opinion and to maintain judicial authority. Court achieve the balance of the interests of the community in neutral. This measure will inevitably touch the interests of the interests of some people with vested interest. when the loser dissatisfied with the court decision, The settling judicial cases by letters and visits produced. there are many reasons for this phenomenon. The first is legislative. The law is the interests of the community on the allocation of resources. The second is judicial system. The third is the letters and visiters. The fourth is community factors.Sloving this problem is a comprehensive engineering. It need guidance .It can't be sloved only by court and need the whole community to work together. These work Include both macroeconomic and microeconomic levels. In the macroeconomic level, we must strengthen the concept of the rule of law training. Secondly, it is necessary to reform China's current judicial system. In the microeconomic level, it need change our judicial system of final appeal trial. Secondly, Court must make bold innovations in the system and increase the work on the settling judicial cases by letters and visits. Only in this way can we truly address this issue properly...