The Research About The Predicament And The Countermeasures Of Litigation Petition In Our Country

From the start of "the complaint flood peak" which was called by media in thesummer of2003, litigation petition has been observed in all kinds of reports. In thebackground of implementation, the emergence and its problems of a lot of litigationpetition, is whether to explain that it exists the contradiction between litigation petitionand rule by law, and in order to not only ensure the realization of right remedy of thepetitioner, but also maintain judicial authority, how to effectively legally regulatelitigation petition. In fact in the China as a country of distinct culture characteristics,even if we have to the rule of law, litigation petition as the rights expressingmechanism of the citizens will have their due in legal position. So taking the litigationpetition as a research theme, has important theoretical and practical significance, forthe maintenance of citizens’ legitimate rights, the promotion for democracy and the ruleof law construction, and the realization for the harmonious development of the society.Therefore, this paper, from the start the intension of litigation petition, analysis itsformation of the various reasons from two aspects of theory and empirical and itspredicament, suggest that how to further regulate and perfect it from the macro andmicro level.This paper is divided into four parts:Part I: introduction, analyzed the research background, summarized the relateddocuments, raised the issue of research, and designed the research ideas.The second part (chapter1): the station of theory, systematically overviews thelitigation petition. First, put forward the concept of the litigation petition. Based on this,this paper expounds the basic attribute such as public right, private right and basichuman rights, points out its positive function and effect in political participation, thetransmission of public opinion, regulation, relief and supervision, The complaint, andthe author of administrative complaint, and the difference in between it and the conceptof petition, administrative petition, Law-related petition and appeal. These theoriesprovides theory basis for the after analysis.The third part (chapter2and3): the analysis on cause, systematically analyses the causes, the facing dilemma and its negative effects of litigation petition. It is the corecontent of the study, is also the focus of this study and the difficulty lies. Chapter2analyzed the reason of the existence of the litigation petition from three aspects,including the social background, the court judicial situation and their own quality of thepetitioner in China, so that it provides theory basis for the necessity of our country’slitigation petition. Chapter3analyze the facing dilemma of litigation petition from thelaw level and the actual work in China, point out that why the normal function oflitigation petition did not fully realized and play, bring in our legal system for somecontradictions.The fourth part (chapter4): measures, according to the above analysis, putforward the corresponding countermeasures to solve. According to the pro and conanalysis above the reasons and dilemma of the litigation petition in our country,Chapter4look for the legal countermeasures from the macroscopic level, includingimproving the relief channel in the legal procedure, truly independent judicial power,giving full play to the mechanism for settling the dispute beside litigation,strengthening the education of legal, etc, and the countermeasures for court ownconstruction from the microscopic level, including litigation petition window in thecourt, reception for litigation petition in the court, the personnel law enforcementactivities in the court, the judge quality, etc.