The Analysis Of Mechanism On Resolving The Court Petition By Letters And Visits

With further deepening of the reform and opening in our country, the society is in a transformation period when various interests are diversified and various kinds of conflicts break out simultaneously, which results in the considerable increase of the petition by letters and visits. Because of the regulations of the existing policies of the petition by letters and visits in our country, the people's courts, as the judicial organs of China, have to carry on the duty to solve the great amount of issues of petition by letters and visits, especially on every major national event, courts at all levels have to dispatch a large number of staff to temporarily take on the job of receiving the complaint letters and visits, which consumes large amount of judicial resources, while the judge, sacred on the judgment seat, also have to lay down their dignity to perform the work as interceptors of the people who make the complaint letters and visits.This petition system that exists in reality, is only a measure of expediency, because it not only has disrupted the court's normal judgment work, but also cannot get the fundamental problems solved, about which the writer, as a judge, with a deep feeling, tries to explore through this paper a complete set of more scientific, more reasonable, and more practical system for solution to the petition by letters and visits, in order to better guarantee the right of the masses to express their appeals and opinions, and relieve the courts from the current dilemma.This paper is divided into four parts. The first part analyzes the characteristics of court petition by letters and visits on basis of 185 cases assigned to Shandong province by the central government. Starting with the natures of these cases and the basic information of complaint makers, the author discusses the current performance of the characteristics of court petition by letters and visits in detail, especially its performance forms and its impact on the society by adopting the methods of empirical research, historical research and comparative jurisprudence research.The second part discusses the causes of problems in court petition by letters and visits, and, from different perspectives, points out respectively where the problems lie by illustrating the problems exiting in the aspects such as the court, the petitioners and the societal factors, also based on the 185 cases mentioned above.The third part discusses the current methods of solving the problems in court petition by letters and visits. Besides revising Civil Procedure Law to solve the difficulty of complaints and to further smooth the channel of petition by letters and visits, the primary method is that the court applies the administrative measures to solve the petition by letters of visits, which not only affects the judgment work of the court but also makes justice more and more administratized.The fourth part is suggestions for the court petition by letters and visits. Through survey on the current situation of the court petition by letters and visits, as well as reference to solutions to the same kind of issues abroad, the result of the author's study is that the method to solve the issue of court petition by letters and visits should be separating litigation from court petition by letters and visits, and solving problems by category.With regard to litigation matters, it is mainly to provide the System of the Court of Third Instance Being the Final Instance, justice ending system and the strict re-trial system, bringing the problems into strict judicial settlement procedure. Herein the author proposed the System of the Court of Third Instance Being the Final Instance and justice ending system, which is based on the status quo and is the conclusion drawn from using of the value, the economic and comparative research methods.For the issue of petition by letters and visits, it is mainly to reconstruct and establish the petition agency under the people's congress at all levels in a uniform way, and abolish the court petition agencies to just retain the consultation and service agencies related to litigation in the court. Letters and visits to the court and judges from petitioners shall be received and settled by petition agencies under the People's Congress. Through the design of this system, the petitioners'petition rights to complain, indict, and express opinions will be fully protected ultimately, and meanwhile, the court will be relieved from it and can devote more energy to the trial work, so as to rebuild its judicial authority.