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The Research On The Termination Of Prosecution-related Letters And Visits

Posted on:2016-10-16Degree:MasterType:Thesis
Country:ChinaCandidate:Q ZhaoFull Text:PDF
GTID:2296330470981880Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Long term since, Shesu petition cases increase, coupled with the authorities at all levels "fear about the visit" and "Silence" ideas, often pay a high price, not only contributed to some petition staff confidence, more is weakened to the judicial authority, "trial and not knot" has become the cancer of the complaint letters and visits threat judicial final. Therefore, the need for reform and innovation of the complaint letters and visits the end system, to curb those irrational and endless interference independent trial, waste of judicial resources not normal Shesu petition phenomenon, to the construction of the complaint letters and visits end mechanism become imperative for a realistic choice.This paper is divided into five chapters. The first chapter is the introduction part,mainly introduces the origin, purpose, significance, and the research status at home and abroad were reviewed in this paper review, and finally to the research mentality and the method introduction.The second chapter of the petition and the concept of complaints were distinguished, prominent the particularity of complaints. Analysis in theory and judicial practice clearly defined basis of complaints on the concept, the concept of complaints mechanism and characteristics of the end of the complaint letters and visits end mechanism. Through the theoretical analysis and the summary to the judicial practice, the further understanding of the causes of complaints mechanism to construct the end.The third chapter mainly discusses the important meaning of complaints end mechanism establishment. First, the establishment of the complaint letters and visits end mechanism is helpful to regulate the party’s petition letter behavior; secondly, the establishment of the complaint letters and visits termination mechanism is helpful to establish judicial authority, to ensure finality of judgment; third, the establishment of the complaint letters and visits termination mechanism is conducive to maintaining social stability.The fourth chapter is the focus of this paper, mainly discusses the concrete conception of civil Shesu petition end mechanism. Due to the clear provisions of thelack of the law, we have not yet formed a set of effective mechanism in the end, all over the country is all kinds of means to ends. Based on the summary of the existing practice experience, first proposed to clear the subject of the complaint letters and visits the end, then clear the petition letter case end standard, including a range of elements, substantial and procedural requirements. Finally, combining with the existing experience, put forward the process design of the complaint letters and visits end mechanism. Including the grass-roots court as the trial court, the intermediate people’s court as the trial court and high court and Supreme Court as the court of three cases.Finally, suggestions on the establishment of the complaint letters and visits to end the mechanism at the same time, also to improve the construction of supporting system. The complaint letters and visits the end system can not be an isolated system,there must be other means of cooperation, so that we can really play its efficacy.Therefore, to eliminate the non normal complaints, guide people rational view of their rights, it is necessary to improve the complaint letters and visits termination mechanism supporting system. For example, examination system, hearing system,Shesu petition filing, filing system, end visit wrapped responsibility system, improve the judicial aid system.
Keywords/Search Tags:prosecution-related letters and visits, Termination mechanism, separation of litigation and petition by letters and visits, mechanism construction
PDF Full Text Request
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