Implementation Of Complaint Letters And Visits:Dilemma And Outlet Of The Operation Of The District Court

Of complaint involving lawsuit is found in large Numbers of the people’s court judicial authority of the serious damage, is the huge impact to the modern idea of rule of law, but on the other hand, the problem of complaint involving lawsuit is a kind of objective necessity of historical development. The theme of this article is to complaint involving lawsuit mechanism operation situation and existing problems, the cause of the complaint involving lawsuit and the series of problems such as the conflict between the rule of law, so as to find the reasons for the formation of complaint involving lawsuit trouble, the people’s court judicial democratic process of complaint involving lawsuit system in China to find a way out of the woods.This article altogether is divided into five parts.Introduced the first part is the introduction, this thesis puts forward, literature review, and introduces the research contents, research ideas and research methods of this article, finally, defining the relevant concepts.The second part introduces implementation of complaint involving lawsuit problem and characteristics. First derived from several typical cases to perform the concept of complaint involving lawsuit and the classification of complaint involving lawsuit and letter and then analysis and visits, political participation, right remedy, appeal, apply for retrial, etc to perform four sorts of relationship characteristics of complaint involving lawsuit.The third part mainly analyzes the implementation of complaint involving lawsuit operation and trouble. First from the district court for the execution of complaint involving lawsuit and execution of complaint involving lawsuit and perform work to introduce the difference between the execution of complaint involving lawsuit main body. Secondly in terms of weakening the judicial authority, and the contradictions of the efficiency of lawsuit, and procedural justice value and three aspects to illustrate the implementation problem of complaint involving lawsuit. Then from letters means is increasingly seen as superior to the parties litigation relief way, about the referee, judge, beyond reach court complaint involving lawsuit pressure, affect the team’s stability, five aspects elaborated district court in execution of complaint involving lawsuit. Finally from the profound influence of the traditional method of thinking and values conflict, the disadvantages of retrial system, and the high cost of lawsuit, the court’s own three aspects to analyze the reason in the face of difficulties.The fourth part from the concept of change, with a tolerant attitude about execution of complaint involving lawsuit problems, sticking to the bottom line, according to the law dealing with complaint involving lawsuit cases, improve themselves, and solve the problem of the court itself, with the aid of outside force, actively coordinate to solve the problem of complaint involving lawsuit four aspects analysis performed wading complaint case handling way.Part V Conclusions and outlook.summary of the contents of this article to draw major conclusions and outlook.