Petition Judicial Proceedings Involving Complaints Mechanism To Import Construction

Litigation petition is a special petition, it is public sentiment with Chinese characteristics, people willing to express system, which is also China’s "constitution" gives citizens the exercise in the field of judicial criticism, suggestions, report, etc. referred to the right to sue. Although Litigation petition democratic political participation, judicial supervision, the right to relief function, but Litigation petition is ultimately reflected in the rule of law than the rule of man, which is exercised in judicial proceedings displaced outside their function abnormalities relief for rights-based, interference in judicial independence hampered judicial finality, shaken judicial res judicata, resulting in lack of predictability of the judiciary, judicial procedural justice is missing, the serious consequences of a substantial weakening of the judicial authority, a serious violation of the basic concept of the rule of law building. To this end, the plight of the issues surrounding the relationship between letters and Justice Litigation, this article will explore five parts Litigation petition mechanism justice process to build a unified import, aimed at achieving Complaint Letters and Visits and judicial finality, balanced judicial authority.The first part is imported Complaint Letters and Complaint Letters and Visits Overview of the judicial process handling mechanism, the main connotation of Litigation petition, which treatments are the main trends and Construction Litigation petition Import Background justice process mechanisms and significance. Complaint Letters and Visits connotation elaborated include: "Complaint Letters and Visits" refers to propose to the interested party and state organs entity "with the case in some form on the people’s court or judicial activities and work style suggestions or requests and requirements to be implemented by the People’s Court handling activities. "; current treatment Litigation petition mainly include pre-litigation mediation, v boot, after answering complaints, administrative manner throughout; the biggest difference complaint Letters and Visits and administrative petition, that the former relates to justice litigation involving judicial independence and judicial finality, which does not involve; litigation petition petition Concerning the difference with the connotation that the extension of the two, the latter covering the former; the difference complaint Letters and Visits and the judicial complaint is that the latter has some procedural, while the former does not have any procedural; complaint Letters and Visits and apply for a retrial difference is that the latter has a rigorous process of relief, the former is no strict procedures relief. Litigation petition is facing four major processing trends, namely the high number of cases, the second is wrapped around the visit, visit downtown, leapfrog visit, repeat visits, on behalf of the growing number of visits, three people isolated case, spatial and temporal span, four are in the form of increasingly diverse, more diverse body, mind increasingly complex. Requirements To this end, the petition process Litigation Construction Litigation Petition way out must import justice process mechanism, which is "about the law deal with the views of Complaint Letters and Visits" other party and the state introduced the latest Litigation petition submitted relevant documents Construction of the mechanism has four functional significance: First, this mechanism is involved in a lawsuit petition inevitable processing path; the second is to protect the finality of judicial disputes, to ensure judicial authority; the third is to reduce the rule of man, the promotion of justice, to achieve justice social control; Fourth, to prevent the waste of judicial resources, and promote the efficient allocation of judicial resources.The second part is imported justice process Litigation petition main problems that exist. This section presents: The import processing mechanism built on the stage, including the admissibility links, separate triage areas, import links the three links, the elements include internal procedures to build and establish a sound external safeguards, and thus the elaborated Litigation petition import justice process mechanism in receiving areas, separate triage areas, many problems exist in the import segment, the mechanism has not yet come to be established in our conclusions.The third part is accepting links Complaint Letters and Visits import judicial proceedings Mechanism. This section presents: the people’s court should be clear Litigation petition cases accepted as the sole agency to deal specifically with the subject Litigation petition cases only; the review should be clearly accepted the rationality and review criteria; shall determine "the level of review" as a Litigation petition cases conventional remedies inadmissible; it should establish a "promulgation" Petition law ", institutional jurisdiction and administrative jurisdiction of the appropriate separation of exploration, the establishment of lawyers involved in the system, improve Litigation petition cases the judge evaluation system, establish a unified complaint Letters and Visits registration linkage case information platform " supporting safeguards.The fourth part is the separation of the judicial diversion program links Complaint Letters and Visits Import Mechanism. This section presents: should indicate "v" and "visit" in "different weights based on the applicable law" is the objective requirements of the two must be diverted; should be clear, "Litigation petition cases in compliance with the request of the petitioner procedural law requirements "to" v "and" Interview "standard separation, and on this basis to refine separated from civil, criminal, administrative three angles; should be clear to the" people’s court whether the industry has made the commencement of judicial documents "as a Litigation cases involving letters "v" matters diversion standards, and on top of this standard will involve "v", "People’s Court matters into effect without instruments" for matters shunt and the "People’s Court has made matters into force instruments" the former can be divided into "not yet entered the justice process is involved," v "issues and" are treated as judicial proceedings involving ’v’ matters ", which includes" the commencement of the judicial instruments for reconsideration, review the class involved ’v.’ matters "," apply for a retrial class involving ’v’ matters "and" seeking to enforce the class involved ’v’ matters "; should establish" an independent judiciary budget and allocation system, "a" higher standard of judicial team building ""assigned triage system" as a complementary safeguards.The fifth part is introduced into links Complaint Letters and Visits import judicial proceedings Mechanism. This section presents: import standards should be clear that "the judicial process required standards" rather than other criteria; should explicitly reference "v" Petition matters should be classified import, apply for a retrial class for non-reference "v" petition matters(including "not yet entered the justice process is involved, "v" issues "involving the judicial process is being handled as a ’v’ matters", "the commencement of judicial documents for reconsideration, review the class involved ’v’ matters", "seeking to enforce the class involving ’v’ matters ") may apply for a hearing to the petitioner a way to import, for the" petition for retrial classes involving ’v’ matters "should be imported by v retrial, and on this basis, from civil, criminal, administrative III angles were refined; it should "sound justice system" and "improve the retrial," "strengthen the implementation of safeguards, and strengthen the implementation of public," "appropriate to reduce the termination threshold, simplify end procedures, explore the establishment of the end of the hearing," "perfect Litigation petition vicious punishment system "" perfect tour supervision, rewind Cha accountable system "as a complementary safeguards.