Complaint Letters And Visits The Plight Of The Rule Of Law Perspective And Resolution

With the diversification of social management, continuous high operations caused by the litigation case letters, which brought the issue became political science, law, sociology great concern of the important issues. Complaint Letters and Visits of specific performance in practice for the parties for the court accepted the case as a judge misconduct or injustice of the complaints, appeals, and the parties to trial rulings of the judiciary is not expected in the specific course of the trial, the case do not place the protection of rights and interests can not be effective judicial protection, resulting in some people hope outside of the judicial relief petition ways to obtain the protection of the rights.Transition in political and economic structure of the transition period, the complex social relations caused by the social contradictions, and exacerbated by conflict of interest. Although the material foundation determines the superstructure, but relative, as the material basis for economic development, as the superstructure of our judicial system was lagging behind. In the case of low levels of the rule of law of the society as a whole is still out, in the face of strong and growing public awareness of rights, national right to judicial relief system operation become stretched. This relief forces can not reach the masses demand contradiction. Rights motivation driven by the parties with the help they all can use the power or means to seek their own solution to the problem, Complaint Letters and Visits to its unique advantages, one of the most important choice for a number of rights channels. See Complaint Letters and Visits protection and supervision of the judiciary on the rights and interests of the masses of enthusiasm at the same time, it can not be ignored the negative aspects we should pay more attention to and resolved, the parties use the Complaint Letters and Visits to solve their own The problem is often reflected in hopes to find the authority of the force and "clean government" Convinced that the power is greater than the laws that increase the likelihood of relief of the instructions of the senior officials to make themselves, worship honest and upright official and personal authority, to solve the problem placed the authority of the people rather than rigorous systems and procedures. With the momentum of the media and public often radical, irrational behavior, the concern of the community to increase personal problems chips.Petition at the same time play a historical and practical role as the unique system, in essence, contrary to the same concept of modern constitutionalism, the rule of law construction. From the specific situation of the Complaint Letters and Visits, Complaint Letters and Visits parties tend to be extra-judicial power to influence the court trial, this is bound to interfere with the independence of the judiciary to weaken the authority of the judiciary, and thus the rule of law trust of the people hazards. Complaint Letters and Visits to deal with the problem the process of non-procedural, contrary to the rule of law dispute resolution, procedural justice, the right to relief the essential requirements, procedures, stability and value. Complaint Letters and Visits the existence of serious interference with the expectations of the citizens of judicial relief, weakening the authority of the judiciary is not conducive to the construction of the rule of law in China. With the reform of the social management, the intensification of the conflict of interest, the drawbacks of Complaint Letters and Visits have become increasingly apparent, the face of its own can not overcome the defect by analyzing the plight of its existence, its targeted digestion of China if construction of the rule of law is and its significance. Of course, not the rule of law, the degree of judicial institutional mechanisms need to be improved, the level of social management has yet to be strengthened border case, the settlement of the Complaint Letters and Visits takes time and a good institutional arrangements. To avoid across the board in good judicial relief mechanism is not established before the revocation of the petition this and the masses are familiar with and trust the system, so as not to protect the interests of the masses poor. We can do is by taking a series of measures to prevent and reduce Complaint Letters and Visits, and then gradual digestion Complaint Letters and Visits.The author believes that the system is established, the program runs OK, good behavior habits should have thought first of bedding. Although the material determines consciousness, but awareness of the reaction to the substance can not be underestimated. People only trust the administration of justice, the judicial authority of the identity can have a strong recognition of judicial relief and psychological dependence, and thus the administration of justice to settle disputes. Legal remedies meet the statutory procedures in resolving conflicts and disputes; to renounce the use of non-program only means of protection rules mayIn addition, since the Complaint Letters and Visits of such rights remedies have been able to exist because our judicial system and mechanism, there is a large number of defects can not be good to promote the public good running of the judicial rights and interests of the implementation. Then reduce the root causes and prevent the occurrence of Complaint Letters and Visits, depends on the establishment of a sound judicial relief system, while we need to build to maintain an effective mechanism of judicial independence; the other hand, the institutional arrangements that make people’s right to appeal to get a good implementation to realize the powerful protection of the rights of the parties and the legitimate and effective punishment against infringers. Constantly improve the system of judicial relief, the Complaint Letters and Visits to gradually reduce the relationship between the two are not parallel, but the shift in the relationship.Finally, I believe that to resolve Complaint Letters and Visits high should be built from the program theory of publicity and education, so that the constitutional rule of law concept deeply rooted, the law of faith to be widely popular to achieve the recognition of judicial relief; through the establishment of v. visit to the separation mechanism, namely the establishment of complaint, visit the end of the rule on the procedural framework to resolve the litigation triggered by petition.