Enforcement Mechanism For Handling Complaint Cases Involving Reflection And Construction

Since a long time we Litigation petition for qualitative fuzzy, attitude is not clear, the idea of disposal is too much focus on appeasement, rarely from the perspective of the rule of law objectively and rationally analyze the problem, very few from the position to maintain the credibility of the judiciary science, properly judge this social phenomenon that Baoxinjiuhuo, Young Tom just boiling, Litigation petition intensified. As the Court’s work has become the focus of the Civil Enforcement Litigation petition "disaster area." Primary Court judges who enforce the author of recent work involving exposure to the typical petition cases to analyze the execution of court petition cases involving enforcement work methods, and analysis of the results achieved, and strive to explore the mechanisms involved in the petition work performed there defects, building characteristics to adapt the work performed petition work involving enforcement mechanisms.Text is divided into four parts, each part of which reads as follows:The first part is the introduction and analysis of cases, empirical analysis of the four basic facts of cases, the petitioner, the petition contents and reason, explained the current situation involving executive Petition:Petition increasingly diffuse rights abuse, the majority of the petition does not get the actual effect on the executive petition involving improper handling of fueling some unreasonable petition.The second part is a conceptual elaboration and analysis, in descending order according to the epitaxial about each of the letters, law-related letters, Litigation petition, petition involving the conceptof execution, analysis of the reality of our country involving enforcement petition causes:the public is difficult correctly view and rational to accept the "difficulty in enforcement," delay in exercising executive power and the abuse of executive power "Performing chaos" still exists, lack of civil enforcement remedies, civil enforcement supervision is weak, the parties are more accustomed to or more than happy means to achieve relief through a petitionThe third part describes the current level courts deal involving enforcement petition four basic methods:Undertaker self-recovery, organizational review, organization and coordination, to justice.Part IV explores the solution to the problem. First a brief introduction, commentary on the political and legal system in recent years handling mechanism Lawsuit related efforts,2011Supreme Court Litigation petition to prevent and reduce the five initiatives and "Central Political and Law Commission on the perfect end Complaint Letters and Visits mechanism opinions."Petition case handling mechanism academic debate, there are three different points of view, I believe that respond Litigation petition in understanding repositioning:Litigation petition is a constitutional civilrights is the right to remedy the specific means, not reflecting the effect of the coordinates of the judiciary to deal with involving v. petition for institutional norms. Finally, the characteristics of the implementation of proposed solutions involving enforcement petition:a comprehensive specification Court, the petitioner, the Executive acts involving enforcement of the petition from the current petition system stripped out, clearly defined implementation monitoring, inspection and supervision, supervision by the NPC respective the scope of the case.Conclusion The proposed emphasis on the rule of law petition system to be modified to ensure that the petition system can perform related laws to promote the development of the rule of law in the direction conducive to the development of practical necessity...