The Research Of Cause Analysis And Countermeasure Proposition On Prosecution-Related Letters And Visits

With the position of law improved in social life, a lot of dispute has rushed into court which causes over-hot improvement on administration of law, and the amount of letters and visits to the cases which have been in court proceedings have raised unprecedentedly in recent years. Under this situation, in 2004, letters and visits of this kind was defined as prosecution-related letters and visits by Supreme People's Court which tried to settle it by the way of amending justice supervision proceedings of , and remoulding re-trial application as right of petition to solve the problem of"difficulty to petition application".In this article, in the sight of court which processes the prosecution-related letters and visits directly, through the contrast and analysis of known data, the situation of prosecution-related letters and visits the court faces realistically is indicated and the alleviation of high-speed improvement by amending is impossible. Prosecution-related letters and visits are not caused by the pure lack of protection on petition right of party. During the special historical period, owing to the deficiency of environment and culture of law and the lack of systemic conception and understanding of administration of justice, when party of a specific case cannot make their petition get support from court and cannot think about themselves correctly as well as there are shortcomings with the job of court, prosecution-related letters and visits appears. Prosecution-related letters and visits is a way for citizen to justly exercise right of petition, but sometimes it is easily utilized by people who have no reasonable causes. Because of no punishment for malicious letters and visits whose requests are satisfied sometimes, prosecution-related letters and visits is over-hot under the influence of traditional mind of complaints and efficiency of specific cases. Although the causes of prosecution-related letters and visits are complicated, it is possible to restrain the over-hot improvement of prosecution-related letters and visits with the efforts of strengthening legal education, legal administration, justice assurance and court construction, together with reducing contravention and enhancing the ability of replying dispute gradually by integrative governing.