Research On The Litigation-Involved Complaint Letters And Visits As Viewed From Legal Culture

Justice is the last line of defense to maintain social fairness and justice, and yet the litigation-involved complaint letters and visits, which aims at changing the judgment or influence the litigation process, has been a phenomenon with high incidence of multiple frequency and are remaining high in China. Today, the litigation-involved complaint letters and visits has become a major problem related to the political situation, social stability and people’s livelihood. Since the Eighteen National Congress of the CCP, the reform of litigation-involved complaint letters and visits has become the focus of attention because of its important role in judicial reform,and it has been a top-down reform throughout the country, of which the subject is to bring the litigation-involved complaint letters and visit into the legal orbit. Thus, the reform has become an important content of Chinese legal construction. In this paper, the phenomenon of itigation-involved complaint letters and visits has been deeply analyzed from the perspective of legal culture, As legal culture is a fundamental factor, we draw the conclusion that it should not be totally ignored, while, tackling the problem of litigation-involved complaint letters and visits. The cultural connotation should be realized and taken seriously in order to reform the system of litigation-involved complaint letters and visits smoothly.The whole thesis consists of four chapters. The first chapter gives a general overview of the subject, in which it analyzes the conception of the litigation-involved complaint letters and visits, clarifies the differences between it and other related conceptions. The second chapter has a thorough analysis of the present situation of litigation-involved complaint letters and visits. This analysis emphasizes the features of current litigation-involved complaint letters and visits:the problems it reflects are relatively centralized, the forms tend to be abnormal and the difficulties to resolve the problems are growing. It also analyzes the severe impact which the litigation-involved complaint letters and visits is bringing to the stability of the procedure, judicial independence and judicial authority. The third chapter shows the legal culture source of litigation-involved complaint letters and visits. The analysis emphasizes the potential and actual leading role that some cultural factors play on social public behavior. The cultural factors includes traditional morals, pragmatism, cultural dislocation during the period of social transition and the tradition of "ZhengFa". The fourth chapter provides the a resolution of the problem of the litigation-involved complaint letters and visits as viewed from legal culture. From the perspective of legal culture, in order to solve the problem of litigation-involved complaint letters and visits, two aspects should be mainly emphasized:first, on the social level, we should cultivate modern legal culture,which includes the supremacy of law, procedural justice and rule of law; second,with regards to the system of court, we should adhere to the traditional legal culture and modern rule of law, actively implement the pragmatic judicial activities. So it has fundamental significance to promote the reform of litigation-involved complaint letters and visits and to promote the legal construction in China,if we carry on analyzing to the litigation-involved complaint letters and visits from the angle of legal culture, exploring its causes and exploring the solution.