An Exploration Of The Primary Complaint Letters And Visits

The grass-roots court y court for the research sample, to discuss the basic concept of complaints from the main stage, problems, and aspirations, etc.; expounded the difference between the grass-roots petition and petition, administrative petition, litigation, non litigation procedure; in-depth analysis of the present situation of complaints, that is the total base is still high, the alienation of letters and visits, the complainant demands content involved more and more diversified, the judicial function and the petition responsibility superposition, the petition system mechanism is not perfect, the judicial administrative tendency objectively increased the cost of resolving social contradictions; from the Y court sound institutions, standards and procedures, answering questions after judgment, strengthening assessment, regular briefings, diversification, standing for interview, solution strategies, judicial assistance and other aspects, analyzes the basic court petition disposal system; according to the problems the current grass-roots petition letter work existence, as micro level both in theory and in practice to further put forward suggestions for perfecting the lawsuit the petition work mechanism:the sort of "three kinds of relations from the theory origin"(the debate-formal and informal, abolition struggle--negative and positive Sex, legality and illegality of the war--); to improve the "four mechanisms" from the practice, the establishment of a sound accountability mechanism for illegal petitions, formulate a unified "complaint management approach", separate lawsuit and petition system, the provisions of complaints end system, increase penalties on illegal petitions; to establish and perfect the regulation of judge’s discretion, determine the discretion of the judge’s basic principle, the correct method, regulation, improve the discretion of the judge ability; building "four in one, the overall linkage" big mediation system, the working principles and objectives, functions and responsibilities, working process and operation mechanism; perfect the petition judicial relief mechanism, define the applicable object of judicial rescue fund, expand the channels of raising judicial rescue fund, judicial rescue fund standardized management.