The Functions Of Petition Involved In Law Suits And The Corresponding Solutions

Petition involved in law suits is a deep-rooted problem, and it played a very important role in the time when it is brought out. Petition involved in law suits should disappear gradually with the legal perfecting of China, but with the further reforming and opening of our country, the interests and benefits of the benefit parties has been adjusted. Then it makes the problem of petition involved in law suits intensified. In the building of the socialist country under the rule of the legal process, Petition involved in law suits doesn't be negated; on the contrary, it has been used by various parties of disputes continually. Petition involved in law suits has become the main content of the petition letter. It is not only bothering the parties of disputes, and bothering the courts of China.This paper expounds the petition involved in law suits'function and its resulting measures from four parts.Part one: Petition involved in law suits is summarized in this part. For the first part of the essay, I will discuss the connotation and the characteristics of the petition involved in law suits firstly in this part. Then compare the petition involved in law suits with the resemble concepts, such as"petition involved in law suits","the petition letter", and"the application for retrial"so as to clear the subject of this paper. Then expound the theoretical and practical contradictions that the petition involved in law suits has been reflected in the legal background, such as the contradictions of the procedural justice and the substantive justice, the petition involved in law suits and the principle of the judicial procedure's final settlement about the civil disputes, the petition involved in law suits and the judicial authority, and so on.Part two: This part will focus on analyzing the new questions of the petition involved in law suits and the reasons of them. The petition involved in law suits shows more technicality, profession, and speculative motive increasingly in the evolution. There are more and more irrational complaints about legal action. In my opinion, the increasingly distortion of complaints about lawsuit is due to the following reasons: excessive pursuing economic benefits, unfair affect of court petition funds, the affection of factors which out of proceedings. But the most fundamental reason is the bias of functional localization of the petition involved in law suits. It makes the petition involved in law suits thornier.Part Three: this part will expound the functions of the petition involved in law suits. Firstly part three will analyze the historical evolution process of the petition involved in law suits. Then will discuss the functions of"participating politics","democratic supervision","resolving disputes", and"the remedy of the rights". Finally it is concluded that the resolving of the petition involved in law suits depends on weakening the functions of"the dispute resolution"and"the right remedy", and making the petition involved in law suits return to the functions of"participating politics"and"democratic supervision".Part Four: this part will expound the solution of the petition involved in law suits. There are many resolutions about the petition involved in law suits in academic circles. But different from the proposing of strengthen the control for petition involved in law suits by others, in my opinion, in order to resolve the problems of the petition involved in law suits, we should improving the multiplex dispute solutions and perfecting the judgment reasoning under the procedural diversions. On the assumption of recovery of function of the petition involved in law suits, by improving the Mediation, exploring ways of civil dispute resolutions, ensuring all resolute ways of civil dispute effective and cohesive on the basis of judicial final settlement; and by strengthening the alternative dispute resolution, constantly optimizing the multiplex dispute resolution mode, enlarging ways and methods of dispute resolution and remedy. And on the basis of stressing the civil procedures by conciliation proceedings, make the judge's persuasive power more reasonable, reinstitute the judicial authority. On interaction between improve the multiplex dispute solutions and the judgment reasoning under the procedural diversions, we could resolute the problems of petition involved in law suits effectively.