On The Improvement Of The System Of Letter Petition

Along with the deepening of reform and opening up, interest structure produced great change, all kinds of contradictions continue to highlight the problem, at the same time, the citizens right consciousness rises ceaselessly, enhance awareness of self protection. Letter-Petition is in such a social background, caused the party and government and social attention from all walks of life. Letter-Petition system has important value and function, but also some limitations and problems. In a letter petition to the parties the right to relief and safeguard the authority of the judiciary independence two big targets to achieve a balance between targets, is currently China’s theoretical circle and practice circle face of an important and cannot evasive task. But at present the system of letter petition research is still at the exploratory stage, letter petition r in the judicial practice is also a careful exploration stage.This article aims at the adoption of petition letter system research and theory on China’s letter-petition present features in-depth analysis, on China’s system of letter petition proposed consummates the suggestion, in order to realize its value function for better.This paper is divided into five parts:The first part discusses thel etter-petition definition, characteristics, and the related concept difference. Summarize and litigation-related complexity, procedure, legal, the reproducibility of the four main characteristics. Introduced with emphasis the difference and connection during litigation-related, law-related petition, administrative complaint, appeal and apply for retrial.The second part elaborates the letter petition letter value function and limitation. Focuses on the petition letter right relief function, power function of supervision, on the positive role of maintaining social stability. Point out at the same time the petition letter negative effects, including the judicial independence, judicial authority, the procedural justice of the negative effect, and will increase the burden of negative effect of people’s court.The third part discusses our country and litigation-related theory with practice origin. Theore basic of "rite" mainly includes legal culture,"the honest and upright official ","no-litigation" legal culture and legal culture three traditional legal culture foundation, the constitution, laws and regulations and other laws. Petition letter practice basic mainly refers to the petition letter practice of social background, namely, to build a harmonious society, and litigation-related of awakening of consciousness of individual rights, safeguarding social stability policy development.The fourth part of the analysis of China’s letter petition in the existing problems and their reasons. Pointed out that China’s petition letter in six aspects:petition letter case gross big, irrational and litigation-related have occurred, and after the retrial case review and revision of petition letter case number, repeat and leapfrog petition letter phenomenon is outstanding, and litigation-related present group, petition letter the social impact of increasing. Mainly from the social level, petition letter itself, judicial, legal system as well as the case of misleading the five aspects of China’s petition letter system analysis of the causes of the problem.The fifth part of our petition letter is perfect offerred a proposal. Including strengthening the legal publicity and education, strengthen the construction of the inner court, perfect the relevant legal system construction. Strengthening internalconstruction including a court which enhance the quality level, strengthen quality assurance procedure execution adjudicative documents, procedures and strengthen the letter-petition work. The legal system is perfect including perfecting the judicial safeguard mechanism, perfect the retrial system, establish the petition letter case screening mechanism, construct and litigation-related end mechanism, perfect the legislation and perfect the other right relief system.The conclusion part further emphasizeds the system of petition letter value, pointed out that the petition letter system still exist many problems, needs the theory circle and the practice circle and further study.