Civil Complaint Letters And Visits Study

In recent years, with the further deepening of political and economic reform, hidden contradiction in society was sharpened, coupled with inadequate and inappropriate legal and institution, result in gaps in social conflicts settlements. Since the department of dealing with the Letters and Visits was set as a part of the legal court system, the problem has been more serious. In this paper I want to focus on this special category of it—Letters and Visits Relating to Civil Lawsuit. Try to understand the pros and cons of Chinese petition system relate to civil lawsuit in a rational way and provide perspective, method and path to perfect it.This article includes five chapters. Each chapter is as follows:The first chapter is an overview of the issue. It elaborated the concept of Letters and Visits Relating to Civil Lawsuit, reviewed the concept could easily confused with it in practice, the character and origin of it. Then discussed the classification and introduced the origin and evolution in recent years.The second chapter based on the data from the work report of Supreme Court over the years, "Law yearbook of China", "Yearbook of the People's Court", the primary court of Shanghai, described the court's current situation of complaints on the basis of evidence and analyzed its causes from three aspects:Radical reason is the injustice judicial referee;Institutional reason lies in the imperfect retrial system design, the revision of civil procedure law also failed to achieve the expected effect; In addition, ordinary citizens only have simple moral consciousness but not legal consciousness. The deficiency of legal knowledge make them hard to understand and accept the judicial result.The third chapter introduced the legal system of Letters and Visits Relating to Civil Lawsuit and then focused on the institutional dilemma, pointed out that it lies in the radical differences between the administrative logic and judicial logic:The mistakes made in function orientation inevitably lead to the court's operation mechanism disorders. The confliction also existed between political functions and judicial philosophy.The fourth chapter described the foreign system design which is similar to Letters and Visits Relating to Civil Lawsuit, aim to solve practical problem of China. Using comparative analysis method, try to understand the pros and cons of Chinese system in a rational way and provide perspective, method and path to perfect it. The fifth chapter discussed about the reform path to improve and consummate the institution. The fundamental way out is to introduce the Letters and Visits Relating to Civil Lawsuit into the legal orbit. Separate lawsuit and petition, construct the retrial litigation. At the same time, conduct a preliminary exploration into compulsory lawyer agency institution of the civil retrial system.