The Jurisprudential Analysis Of Letter-visit System Involving Lawsuit

At present, our country is in the social transition period, various contradictions appears in this period. The letters and visits system during this period resolve the conflicts, the building of a harmonious society has played a pivotal role. But the deepening reform of the advance, the letters and visits a degree has become the most sensitive, the most difficult problems, and the Letters and Visits system therefore had to challenge, experts and scholars on several occasions to discuss the Letters and Visits system of waste. At present, our school principal there are 3 representative perspective, is a scholar Kang Xiaoguang, and others as the representative of the "enhanced" theory, and the other is to Huang Chung-scholars as the representative of the "repeal" theory, is to be built at, Kang Ming, and the star, and others to represent the "reform" theory. In this context, from the legal perspective study the Letters and Visits system is necessary.Legal studies of the weak and based on the needs of theory and practice, this paper is to explain the current realistic difficulties encountered complaints, combination of academic and practice circles of complaints about the author’s view.The first part, on the petition system and related concepts. Petition system is a system with China characteristics, but if from the procedural requirements, the trial period and response time and so on, but not the strict sense is a system. In order to clarify the meaning of complaint letters and visits, we must distinguish between related complaints connected concept, namely the difference between the complaint and the law and petition, administrative letters and visits, complaints such as concept.The second part, analyses the realistic predicament of complaints. The main difficulties faced in complaint letters and visits into legal trouble, work and social dilemma, problems such as the procedure and the impact of the law and petition cases and the courts at all levels is not total coordination capacity. I am deeply petition letter case dilemma and consequences attached, sufficient attention.The third part, perfect the system of petition letter. The complaint letter to the solution is a comprehensive engineering, and therefore should be based on reality, and from the complaints involved the overall situation analysis and assessment, with a focus on both micro and macro aspects. In particular, the macroeconomic dimension of improving the including accurate positioning the complaint letters and visits of the features, establish a rule of law, and improve judicial authority and increase citizens’ awareness of law. Micro-level improvement from complaints to visit separation, improve referral system, establishing the complaint letter from Visit to end mechanisms, norms against the order of petitioning and improve judicial relief system.