On The Improvement Of Mplaint China’s Petitioning System

The process of modernization, not only adjust the interest distribution situation, followed by a dispute is also much more slowly. In addition, people pay more and more attention to protect their own rights and interests, also more and more care about those who neglect the damage their rights and interests of the behavior of complaint involving lawsuit so arises at the historic moment, and raced to become the focus of all levels. What is undeniable is that it does have many advantages, have homework is big, but also there are many places in need of improvement. How can make people’s rights and interests guarantee, can not judicial authority sabotage again, is there a method of the best of both worlds, is now the focus of our research. But now this kind of behavior of exploration is still in the early, the relevant provisions of the relevant units in practice life is touch stone across the river.This paper aims to the behavior theory system study and in-depth analysis of the characteristics of the present situation, for the behavior analysis to research the behavior system in China, and puts forward related Suggestions to perfect the system of the behavior, so as to better realize its value function.The paper is divided into four parts:The first part discusses the definition and characteristics of this kind of behavior, as well as the difference between other confusing concepts.The second part elaborates the letter petition letter value function and limitation. Focuses on the petition letter right relief function, power function of supervision, on the positive role of maintaining social stability. Point out at the same tie the petition letter negative effects, including the judicial independence, judicial authority, the procedural justice of the negative effect, and will increase the burden of negative effect of people’s court.The third part is the analysis of the plight of this kind of behavior system in China. Pointed out that this kind of behavior in China, v. to visit both, repeat the registration and the outstanding phenomenon of ring around to visit visit assigned by five aspects of problems, from the aspect of society, this kind of prose itself, the judicial practice in five aspects, such as analysis of the plight of our country system of this kind of behavior.The fourth part puts forward suggestions on the improvement of the system of this kind of behavior. Mainly from the rescue of the class action system, establish the information sharing mechanism, establishment the mechanism of this kind of behavior end five aspects, explore ways to improve this kind of behavior in China.