The Research About The Construction Of Letters And Visits Long Atcing System

Based on researching the problem of letters and visits that involved in lawsuits in the grass-roots court and intermediate court in Tonghua City, this paper construe this problem in depth with the view of a judge who deals with letters and visits. The paper includes five parts.In section I, I introduce the concept and history of the letters and visits involved in lawsuits. The letters and visits involved in lawsuits means the letters and visits that the law case parties and the third person who are not satisfied with the sentence or ruling after register, session or forcible execution demand maintain, cancel and change the judge result in court by appealing and telling the relevant departments. The letters and visits involved in lawsuits have the long history and have changed for three times after China establishment.In section II, I introduce the status of letters and visits that involved in lawsuits in the grass-roots court and intermediate court in Tonghua City. By analyzing the cases of letters and visits that involved in lawsuits in the grass-roots court and intermediate court in Tonghua City, the writer holds the opinion that the letter-writer and visitors that involved in lawsuits are natural persons mainly; the civil cases are main cases and the main reason is judge objection.In section III, the content is the reason to place a premium on letters and visits that involved in lawsuits. It includes three reasons. The first one is the lack of judicial power. The performance includes the following points: the first one is the judicature is not independent; the next one is the judicature is unfair; the third one is the public's belief to the law has lost because of the leak in traditional thought and current legal system; the last one is the administration way to deal with the letters and visits that involved in lawsuits has reduced the legal power seriously. The second reason is the flaw in national institution. With the example of unreasonable civil trial & supervising regulations, I analyze the abuse of civil trial & supervising regulations from the aspects of various re-trial starting ways, the lack of rationality and identity of re-trial starting standard. The third one is the reason of visitors themselves. By analyzing the visitors'legal cognizing ability, the mental enduring ability to lawsuits and right-protection sense, the writer thinks it is the inner reason.The section IV, it contents the necessarily to construe the mechanism of letters and visits that involved in lawsuits. By the analysis of above reasons, we know that it is urgent to deal with the long-lasting mechanism. So I set forth the plight that the grass-roots court and intermediate court in Tonghua City face and hold the opinions that it is necessary to build the long-lasting mechanism from the view of economic development and maintaining the social stabilization.The fifth section introduces the presumption of establishing the long-lasting mechanism of letters and visits that involved in lawsuits. I think we should do the following things to deal with the problem of letters and visits that involved in lawsuits. Firstly we should build up the legal authority and cultivate the citizen's legal belief. The second one is to build up the independent and uniform legal financial system; thirdly we should set up the independent and uniform legal personnel system; the fourth one is to set up the management system; the fifth one is to level up the judge's quality. The second point is that the important basis of dealing with the problem of letters and visits that involved in lawsuits is to strengthen the system construction, including the legal system and political system. Firstly we should consummate the legal system; then set up and perfect the system of letters and visits that involved in lawsuits; at last I suggest combining the legal service and the working of letters and visits. I also give some suggestions about how to deal with the problem of letters and visits that involved in lawsuits. Firstly the judges should hold the opinion that respect the defendant and protect the weak; secondly we should think much of the first visiting; it is the efficient and feasible measure; thirdly we can push the method of reception classification, booking reception and the key reception; the last one is to specialize the group visiting and punish the unreasonable visiting.