The Complaint's Difficult Position And The Solution Analyzes

Complaint is one of our characteristic system which is embody political features, the complaint in China has accounted considerable proportion for cases, is the important component. The concept of complaint was put the first time in April 2004 on the meeting held in changsha, the concept was put means the country will differentiate complaint to other types of the complaint. Although the concept of complaint expression of the formal not unified standards, but generally consider the complaint is a relief when the normal procedure cannot obtain safeguard, complaint. Which should be in the people's court accepts or is already entered litigation, execution procedures. According to the people's court shall act or omission or the application of appeal, the retrial, by a people's court according to law shall handle the activity. In abroad, many countries have established similar system, and which is becoming more and more common, so the systems development would necessity. But we found that the complaint similar such are very rare, even could said there are not find basically similar Chinese in abroad.Current the complaint in China's situation is, although the party and the government is always complaining of complaint, and according to the appeared problems take a series of policies, laws and regulations, and adopted a series of measures for centralized management, meanwhile, around the problems and difficulties, the courts try to reform and innovation, but the number of cases involving complaint is still high, these measures did not seem to obtain the desired effect.The overall situation of the complain we can see that, shown in the number of the case is rising trend year by year, the type of the problems reflected is Continue to diversify, involve constantly widely and the staff have also been complicated. At the same time, as with the other complain cases, the phenomenon of concentrated Petition in provinces rising number of complaint, resulting in the present case of distribution stand pyramid, and repeat the complaint, wrapped visit, collective visit, and violence problems also increasingly serious. The growing number of complaint cases put the court to the draft place, when the court continue to face many of lawsuit, face numerous complaint cases of contradiction, had given the gathered judicial and the complain equally important location, virtually deviated from the justice, its most important responsibility. Generally every complaint cases involving lawsuit has its own specific circumstances, each result also according to each particular individual different requirements and different case to handle respectively, so that when the court case in the case, only in accordance with the actual circumstances of the case to resolve. The current reality is that when the courts are facing numerous complaint cases, the strength is serious shortage of universal existence. The problem of the complain today in a certain extent, has affected the judicial organ, become one of the unrests of threat for the social stability, which is the main reason that the central authority decide to crackdown the problem of complain. From the main problem of current complain, is not difficult to find the deep defects of these problems, more from lawsuits trial system and judicial proceedings to seek the system's reasons, we can say that the institutional of the complain and the abuse of the litigation are the most important factor of current complaint's questions. As the complaint causes all sorts of effects in all social scope, and mixed, the existence of the complaint is better than harm or more harm than good? Whether academic or social public opinion are discussed this question, and the social from all walks of life to view and attitudes are not the same. The location of the complain should be based on the dispute resolution of Right to relief, and links to the judicial system and the litigation system, we can't because the mechanism design unreasonable pure to accused of one of the system, and hope to kill a system to makes the whole dispute relief mechanism become perfect. Complaint is complex, with profound social background, so people want to negate it in the short term is difficult. How to integrate well lawsuit complaint mechanism is always difficult problem. First, we should consider from the consciousness, do the good work between the people's court and the complainant. Then remake complaint from the proceedings of the lawsuit, combining with the lawsuit, the retrial procedure's transformation, the judicial proceeding's simplify to assess current Judicial system, for remake complaint. Finally, because the institutional dilemma of complain is the main problems existed in current system, so we should be based on the current system, from the complain organization itself to handling complaint mechanism, combined with the improvement of the legislation to achieve the purpose of integrate and perfect the resolution mechanism of complain. Hope through the analysis of the current dilemma of complain, have put forward some ideas for the operability, and can provide theoretical support for the research and integration, construct existing settlement mechanism of complain.