Private Lending False Litigation Legislation And Judicial Response

How to face the petition and make it institutionalized and legalized is one of the difficult problems that China needs to study and solve urgently.. Since the reform and opening, especially in recent years, China has entered a dramatic social transition period.. A large number of social conflicts, contradictions, the phenomenon of disorder often reflected through the petition channels. Compared with the masses of the petition environment, the existing system of letters and visits in China is relatively lagging behind and abuse of. This is mainly manifested in two aspects:on the one hand, the current petition system of letters and visits the plight of resolve ineffective and lack the legitimacy of the utility; on the other hand, the direction of the current petition system and the rule of law construction slightly deviate from and lack legal legitimacy. In order to solve the paradox of the petition system, two kinds of different sounds were appeared:either abolished or made it more accord with the rule of law. How to resolve the paradox of the system of letters and visits, and go out of a Chinese characteristic petition system To this end, we believe that:Based on the current situation of social reality in China, for the system, we are neither exaggerating nor denied. In the current judicial system in our country is still not perfect, the reform is not in place, the maintenance of a variety of power balance and social justice are still not satisfactory, the petition system as a supplementary remedy system to ease social conflicts, safeguard the interests of the masses is phase of long-standing realistic rationality. At the same time, we also can’t because see to solve the social problems of the petition system indispensable role in the reality of the petition system hinder in the construction of the rule of law to be selective blindness. This paper argues that the system of letters and visits is a political and legal system with Chinese characteristics, and its rise and fall of waste has important significance for the construction of democracy and the rule of law in China.. At present, our country only to substantive law and procedural law combining doctrine of the rule of law to the petition system reform, which is forging effective, health, scientific inquiry system is really building responsible government, government by law and the harmonious society’s foundation. In view of this, this eventually frame from the perspective of the research and analysis in China’s contemporary social background, on the petition system of the rule of law specific measures, to petition system of China’s historical position and re construction are given their own views.