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Research On Perfectation Of Petition System Involving Law And Litigation In China

Posted on:2013-03-24Degree:MasterType:Thesis
Country:ChinaCandidate:X Q LiuFull Text:PDF
GTID:2246330395954946Subject:Law
Abstract/Summary:PDF Full Text Request
Letters and visits, as a long-standing social phenomenon and an expression form of citizens expressing their interests directly, existed for a long time in China and increased year by year. It reflected the social contradiction which caused from the adjustion of interests pattern during the process of reformation to a great extent, and it influenced the social stabilization to a certain level. As the important part of letters and visits, litigious letters and visits covered all the parts of the society, such as social and legal problem, and could not be avoided. It is difficult to deal with, and it has become hot spots of society which the Party committees and governments and each social aspect need to pay attention to and solve urgently.Litigious letters and visits is objective existence in China, and it should be one kind of letters and visits which dealt with by public security organization, people’s procuratorate, people’s court and other related administrative organization of justice in law. It is the definite expression of the party’s mass line which is the basic work line in the political field, and it could reflect the objective subsisting social contradiction integrately. It is a supplemental channel of legal channels to solve social contradiction and dispute, including lawsuit, arbitration and administrative reconsideration. It has the basis of law and is admitted and protected by law, and it also provides an effective channel for correcting the unjust, false and erroneous cases for the political and legal offices. It is not only the citizens’lawful act, but also an effective way to defend the citizens’ lawful rights and an approach for citizens’ execution of power which the constitution and law entrust, but also an effective form for citizens supervising the political and legal offices how enforce their law judicial power.Dealing with the letters and visits properly, especially the litigious letters and visits, and solving the social contradiction effectively, has become a very important task for the Party committees and governments, and can not be avoided. In this paper, we firstly definite the conception of letters and visits and litigious letters and visits, and analyze the property, historical evolution and difficult position of Litigious letters and visits, and compare the Swedish investigation officer system, French conciliation commissioner system, Japanese complaint system, Canadian citizen complaints mechanism and our letters and visits. And then, we analyze thoroughly the reason, property, current situation, and definite problem of litigious letters and visits in China, and prove that the necessity inevitability of litigious letters and visits existing in China and the urgency and importance have to be improved. It provides the countermeasure of improving the Chinese litigious letters and visits from the following four parts:citizen and petitioner, political and legal offices and the worker, social comprehensive management and social assistance, regime of law and the system of litigious letters and visits. We look forward to having some enlightenment for replying and solving the more and more litigious letters and visits. We also hope that it could provide reference for dealing with different letters and visits problem, including litigious letters and visits, and for structuring the harmonious society.
Keywords/Search Tags:Letters and visits, Litigious letters and visits, Letters and visits system, Lawenforcement and cases acting, Perfect countermeasures
PDF Full Text Request
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