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The Strike And Prevention To Judicial Authority From The Complaint Letters And Visits Involved Lawsuit

Posted on:2012-07-03Degree:MasterType:Thesis
Country:ChinaCandidate:M LiFull Text:PDF
GTID:2246330374487886Subject:Law
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The complaint letters and visits involved lawsuit is mainly against to the court. The essential purpose of all kinds of the complaint letters and visits involved lawsuit is to change the judicial results which is already in force. On the one hand the complaint letters and visits involved lawsuit can widen channels of masses rights relief and strengthen supervision to court judicial action, but on the other hand which is more important the complaint letters and visits involved lawsuit strike our judicial authority directly. Recently, the problem became progressively worse, leapfrog visits, Beijing visits, repeat visits, collective visits are endless, which bring the negative effects to the justice, fairly, professional and authority of country judicial. The conflict between the complaint letters and visits involved lawsuit and the judicial authority are mainly performed in following aspects:First, the complaint letters and visits involved lawsuit may probably lower the masses estimation to the courts and judges. Second, the complaint letters and visits involved lawsuit strike the summative of judicial results. Third, they may lower the independence between judicial and administration department. The sources of the conflicts can be generalized as follows:First, influenced by Chinese traditional culture, people always pay more attention on right rather than law. They prefer incorruptness officers to the court. Second, the special society and times of our country made the complaint letters and visits involved lawsuit. Third, there are still structural problems in the complaint letters and visits involved lawsuit system. Fourth, there are also problems in quality of criminal justice and supervisory management. Fifth, there are loopholes in the system of retrial. Sixth, our judicial relief system has defects. Measures should be taken at this stage of the judiciary to coordinate such conflict, including the strengthening of Disposition of Complaints Management, and petition system, attention to the first visit, to establish scientific system of letters and registration, while great efforts to improve the quality of judges, to improve the quality of trials, strengthen judicial supervision, perfect the trial ending mechanism. In order to against the strike to the judicial authority, it is necessary to improve the judicial environment and do more efforts to establish a real judicial authority.
Keywords/Search Tags:the complaint letters and visits involved lawsuit, judicialauthority, order of the trial, ultimacy
PDF Full Text Request
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