Research On Lawsuit Countermeasures In Lishui

Our country has made related constitution and law about petition for giving people the right to letter and call. Petition is a basic right entrusted on citizens by the law, and it’s also an important performance of citizens’ supervision. In real life, complaint letters and visits from people involved in a lawsuit is regarded as a supplementary method to relief rights, approaching public appeals from bottom to top. Therefore, the existence of complaint letters and visits has its rationality and legitimacy, and has important significance for maintaining social stability.In reality, petition does not entirely develop fitting with the expectancy of the system design. There are some inharmonious factors while it plays the role of social relief valve, such as "believe the letters and visits but not believe the law", illegal petition, etc. Due to new situations and new problems of complaint related letters and visits, we should suit the remedy to these problems, get the root of the problems. Taking lishui, the region of Zhejiang province, as an example, in recent years, continuously flowing channels of all kinds of appeal and application for retrial case, cooperating to resolve complaint cases, intensifying efforts to give the cases guidance which could not be solved after adopting to all kinds of legal procedures guidance work, actively improving the judicial assistance system, expanding the channels of collaboration, focusing on three major problems of law and petition letter, "hardly be started, program idling, hardly be solved", effectively improving the effects of complaint resolving, it has been achieved more significant results. However, in some aspects, such as laws, regulations, and practice, there are still some difficulties and problems to be solved. To achieve the goal of petition letter needs a in-depth analysis about its cause and come up with targeted suggestion. From endogenous formation, complaint involving lawsuit includes historical causes and social causes. From exogenous causes, the parties, the court and the construction of judicial power lead to the formation of complaint involving lawsuit.At present, the ongoing reform of complaint letters and visits involved in a lawsuit in our country establishes the goal which brings the solution of complaint related letters and visits into the law orbit, and separates suit and petition clearly. The central committee, the supreme people’s court also have issued a series of suggestions and supporting documents to promote maneuverability of the reform. In October 2014 CPC’s decision of a number of major issues on comprehensively advancing the rule of law put forward effective guidance for the action.The separation of suit and petition is the basic principle and the core of reform of complaint related letters and visits. The author thinks that we should combine working mechanism of complaint involving lawsuit, optimization of the judicial procedures and promoting the whole society to establish the rule of law consciousness together to carry out the separation and handle the contradiction. Specifically, the regulated mechanism of complaint related letters and visits includes perfecting the procedure of acceptance and solution, establishing collaborative cooperation mechanism, establishing the normalized end mechanism of complaint case, etc. The judicial program optimisation is also the perfection of retrial procedure. Combining with work experience and practical need, the author thinks we should take the path of the collaboration, and progressive resolving civil retrial case, at the same time, promote the whole society to establish the consciousness of rule of law. These can make the public view and solve disputes rationally, effectively reduce the repeated and violent letters and visit. Besides, we also can widen the knowledge of the law, establish a mechanism of praising law-abiding behavior and punishing dishonest behavior, strengthen the construction of moral to promote the whole society to establish the rule of law consciousness and strengthen people’s concept of the rule of law.