From Direct Complaints To Letters And Visits: A Study Of The Mechanism Of "Revenge" In China

To reverse the precipitation from the Xia Dynasty, the Chinese legal system has experienced several thousand years. Today, China is faced with will be right above the law was higher than that in the historical task. Legal research, subject to historical research as the foundation. The current petition system with Chinese ancient straight sues system has the intrinsic contact, through to China ancient straight sues system analysis, can deepen to the petition of understanding ancient Chinese direct litigation system is China’s specific political, economic and social environment of product, as a kind of original system, the rise of developed and decline of the die can be as a historical reference. The study of Chinese ancient straight sues system on the current practice of the petition system perfect not for The article tries to seek a way to solve the problem of the current petition system, starting from the practical problems of the system of letters and visits, combining with the operation of the direct litigation system and the problems.Straight from the article has four parts:the first part from the ancient Chinese history "redress mechanism of direct lawsuit system of public redress" appeal and complaint mechanism of direct action definition, types and characteristics of narrative, and the direct action system operation were analyzed, a list of direct appeal to "redress existing problems; the second part of the current" redress mechanism, the petition system of analysis of the petition system, the petition system operation and redress ". The third part of the direct action and petition the common elements of discourse analysis; the fourth part on the petition system to where to go. The Qing Dynasty after the end of the direct action system Disappeared. But this is not to say that Chinese traditional direct action system lost historical significance. Direct action system, which is a unique system with Chinese characteristics, it appears to reflect the Chinese people’s political, economic and social life, strong national color and form of legal idea and legal consciousness is not yet dead. From the problem of the petition system of, reference direct litigation system emerged in the die, put forward their own views of the petition problem solving.