The Difficulties And Regulations For Letters And Visits Involving Law And Litigations

Since the judicial system has an independent rectification mechanism which is different with the administrative rectification mechanism embedded in the letters and visits system, the reasonableness of whether the legal and litigious problems could be solved in the letters and visits system is still under debate. However, due to the historical and pragmatic reasons, a number of letters and visitors involving laws and litigations come into our view. Their lack of regulations mires the accountability of judicial system and the difficulties in resolving them made people doubt the letters and visits system, many conflicts thus incurred. Hence, regulating and modifying the mechanism in resolving litigious letters and visits so as to diminish the interference to the judicial independence becomes an urgent task. This dissertation, based on the essence of litigious letters and visits, analyzes the current difficulties and the objective reasons for its existence, and reaches the conclusion that easing nowadays conflicts in the letters and visits work is to regulate and modify the litigious letters and visits, and decrease the interference towards the judicial power.This dissertation has the following four parts:The first part lays out the basic questions in the litigious letters and visits. At first, the history of litigious letters and visits will be briefed so as to expound the origin of litigious letters and visits and the reason for its severance with the administrative letters and visits. Through the inspections of letters and visits system, it is found that litigious letters and visits is far from being systemized and regulated. After studying the scholars'debates on whether the litigious letters and visits should be abolished, it is learned that during the perfection of political and judicial system, the right relief function of litigious letters and visits will be decreasing till the disappearance. Then, based on the jurisprudential and pragmatic analyses, the essence, as well as the concepts, characteristics and functions of litigious letters and visits are explained. Finally in this part distinctions between litigious and normal letters and visits are drawn.Second part explores the reason for litigious letters and visits existence. Through the investigation of our country's political, legal and social background, it is discovered that the internal reason for litigious letters and visits lies in the instrumentalism of law, the political and judicial traditions gives it political momentum and the pursue for the justice provided its spiritual motivation. The incomplete judicial system and the error-prone manner of judicial work is the actual reason for litigious letters and visits to exist. There are also social practical reasons, they are the shift of social environment, the increasing conflicts, the misleading by the media and the influence of traditional ideas based on the above mentioned observations, it is concluded that due to the complex but real problems existing in nowadays Chinese society, litigious letters and visits can not be simply discarded.The third part analyzes the difficulties faced by litigious letters and visits from the legal, working, and system perspectives. The legal difficulty is embodied in its damage towards the accountability and the authority of judicial. It includes interfering the autonomy of the law, violating the res judicta of judicial decisions and superseding the law by man's will. The difficulties in the working majorly reflect in the distortion of the purpose of the letters and visits system and the administrative goals. The systematic difficulties are embodied in the void of regulation in terms of litigious letters and visits.The fourth part provides suggestions for the improvements of the litigious letters and visits. Since the elimination of litigious letters and visits is impossible under the current systems, to regulate and to improve the existing litigious letters and visits system becomes a pragmatic choice. The suggestions provided are: first, the state shall enact a law to regulate the litigious aspect of letters and visits works; second, we could establish a unified government branch to handle the litigious letters and visits; third is to perfect the procedure of working, minimize litigious letters and visits'influence toward the law enforcement.