Social Control's Dimensionality Of Letter And Petition Involving Lawsuit

In recent years, although the cases of letter and petition involving lawsuit which exist as an important part of national letter and petition flood peak, has dropped slightly in the number, but their total still remain at a higher level.This brought the court system much pressure. And the exist of serious abnormal letter and petition, such as repeated, collective and extreme letter and petition and so on, has affected present social stability.Besides, letter and petition involving lawsuit has caused certain violations on judicial. All this has make letter and petition involving lawsuit become a difficult problem in judicial practice.Facing such serious situation, the courts at all levels of our country, including the JiangDu court we researched, has established a set of processing mechanism against letter and petition involving lawsuit.Chen ZhiQiang's cases are not special at all, just a series of lawsuit caused by some partnership agreement disputes. But Its particularity lies in Chen ZhiQiang's activities of repeated and extreme letter and petition in these litigant process. Relevant subjects, mainly the court, need to make certain response, which means implement certain processing and regulating to his activities. In this sense, processing mechanism against letter and petition involving lawsuit can be regarded as a kind of social control mechanism, which set maintaining social order as its goal that can be achieved by certain subject according to certain rules adopt various methods to control certain object.Through Chen ZhiQiang's cases, we can find that social control mechanism through letter and petition involving lawsuit can't complete its own goal that maintaining social order effectively, and has caused serious damage to the existing social control mechanism through judicial as well. This undoubtedly illustrate that the operation of social control mechanism through letter and petition involving lawsuit is not successful, and this social control mechanism need to make necessary changes to find its own way out. And through the discuss on the selection of social control modes and the comparative analysis of social control mechanism through letter and petition involving lawsuit and judicial, we can draw the baisc conclusion that judicia must be promoted while letter and petition involving lawsuit should be discarded. Under the guidance of the basic conclusion, we also should adopt the practical strategy that weakening social control mechanism through letter and petition, strengthening social control mechanism through judicial at the same time.At present, for letter and petition involving lawsuit, the academic circles lacks empirical and grassroots research and the perspective from other discipline angle except legal. Meanwhile, scholars did research on social control mainly from the macro theoretical level instead of micro empirical level, and those researches cannot show the dynamic operation process of social control mechanism effectively. So, in order to combine the theory of social control and the actual operation process of letter and petition involving lawsuit, this paper will study letter and petition involving lawsuit with research methods of legal sociology and legal anthropology and from the angle of social control theory. By this, we can not only display a dynamic process of social control, which is benefit for deepening the research on the theory of social control, but also show the original condition of letter and petition involving lawsuit more profoundly, and provide helpful reference for the solution of problem about letter and petition involving lawsuit.