A Study On The Path Of Solving Complaints And Letters In The View Of Rule Of Law

At the same time of China’s economic and social development progress at the same time,various contradictions are also growing.When relevant subjects suggest or complain all kinds of cases that the people’s courts have accepted and heard,even thinking of severing or changing the original sentence which has been come into operation,they often adopt the way of complaint.The settling judicial cases by letters and visits is defined as complaint about lawsuits which are only handled by people’s court.The contemporary phenomenon of the settling judicial cases by letters and visits is more and more serious,even cause adverse effect to the judicial credibility.How to track the rule of law in standardizing and solving the problems of settling judicial cases by letters and visits is the focus of the paper.The paper is divided into there parts:The first part is the summary of the settling judicial cases by letters and visits.Firstly expounding the concept of complaint and further the concept of settling judicial cases by letters and visits,namely complaint about lawsuits which are only handled by people’s court,at the same time summarizing the settling judicial cases by letters and visits has the characteristics of procedural,complexity and uniqueness.Then discriminating between the settling judicial cases by letters and visits and the legal petition letters and visits and other related concepts.Finally elaborating the functions of the settling judicial cases by letters and visits which is public opinion and interests expression,citizen’s political participation and supervision and rights relief.The second part analyzes the cause and harm of the settling judicial cases by letters and visits. With the continuous development of economic and social,the settling judicial cases by letters and visits also gradually appears some new situations,such as it has a wild subject and a large proportion of them are vulnerable members,and people like use more radical and violence means,and repeat and leapfrog the settling judicial cases by letters and visits is outstanding,and then summarizes the causes of these problems from different angles. Finally concluding the problems of settling judicial cases by letters and visits has caused adverse effects on the judicial independence,judicial authority and aggravated the burden to the people’s court.The third part expounds the way to solve problem of the settling judicial cases by letters and visits from the perspective of the rule of law. Firstly summarizing relevant provisions about the petition letter and the settling judicial cases by letters and visits in Constitution,Letter Creed Example and other law.We can find that the people’s court is committed to establish long-term effective mechanism of it, also for the realization of the social stable and harmonious. At present under the background of promoting the rule of law,proposing the concrete measures to solve the problem of the Settling judicial cases by letters and visits in the perspective of the rule of law:the first is making separation of the settling judicial cases and the legal petition cases by letters and visits as the prerequisite and realizing of the settling judicial cases by letters and visits end in accordance with the law.The second method is to strengthen the construction of the court and improve the judicial authority.The third is to carry out the legal education and set up the consciousness of rule of low.The forth is to improve the social assistance and achieve social harmony.The last method is to establish diversified dispute processing mechanism in order to reduce the settling judicial cases by letters and visits from the source.