Study On The Mechanism Of Dealing With Complaint Reporting Involving Law And Litigation

Complaint reporting involving law and litigation is not a special academic term, but a term used in practice. With the economic development and social progress, our country is transforming from a traditional society to a modern one. The intensification of various conflicts and the increase of social contradictions cause complaint reporting involving law and litigation to be a more and more highlighted problem. Currently it is impossible to completely abolish the complaint reporting system, and it is also difficult to establish a functionally alternative system in accordance with the requirements of the modern law system. Facing the army of letters and visits, in order to reduce and eradicate the adverse effects to the development of the court, we must further reform it, making it in harmony with the modern law system as much as possible, and getting it into the modern judicial mechanism of the socialism with Chinese characteristics.This article is divided into three parts. The first part is a general introduction of the working mechanism of the complaint reporting involving law and litigation. First defines the concept of law-related complaint involving lawsuit, and narrates the historical origins of law-related complaint involving lawsuit, its concept is defined as: "has been or shall be accepted by the people’s court, or are already in litigation, the executor of cases, the parties concerned or the interested party to the court as, not as effective or the referee, appeal and retrial application, or other matters related to the people’s court cases, including improper whistleblowing complaints court and its staff and misconduct, for legal advice or seek legal aid, provide advice on legal issues related to express their own views and activities shall be handled by the people’s court in accordance with the". Respectively in this section describes the reporting mechanism exists positive wade with letters and visits to the court of the development of the negative impact. Positive significance mainly: the letters a democratic mechanism, the immune mechanism, the error correction mechanism and national ethics inspection gauge; Negative influence mainly has: the trial work(including the quality, the efficiency of lawsuit cases, trial); To judge team(including judicial conception, psychological quality, professional ethics); The effects of the images of the court and the judicial guiding ideas. Points out that the current authority "visit" a unit are pandemic, up and down court and other departments, for the burden of letters and there is a similar to fear mentality. Most of the trial judge on the one hand, to face increasingly heavy task, on the other hand also moment face increasing pressure to letters and visits, psychological bearing by more and more heavy burden. Pointed out some letters and pressure from a variety of multiple retrial case, to the court to judge the seriousness and authority of a direct challenge, affect the seriousness and authority of the court to judge the results once in newspapers, network, BBS will cause the extensive concern of the society from all walks of life and frequent discussion, the court of justice, dignified image will be questioned and criticized by many.The second part focuses on the present situation of the complaint reporting system involving law and litigation and the reason analysis. Running situation is mainly obtained by referring to some statistical data and case conclusion. Cause analysis mainly: reporting agencies lack of unified coordination. The different responsibilities of state organs and each part, so there must be horizontal and vertical dispersion complaint reporting agencies set up; Court reporting agencies function weakened, the court set the complaint reporting agencies and holds no post powerless position, the ability to solve the problem of petitioners is very limited. The "complaint reporting" don’t "believe" historical tradition, common people in the lawsuit against, will think of looking for sky’m up characters, withyours royal shape, block its voice grievances, drums voice grievances classic stories so far; The authority of judicial credibility; Lack of petition system exists in the process.The third part is the elaboration of the possible solutions to the dilemma of the complaint reporting system in our country. Mainly divided into: enhance reporting agency authority; Establish and improve the people’s mediation, administrative mediation and judicial mediation combined with the diversification of coordination mechanism; Strengthen the team construction, a judge at the source containing law-related complaint involving lawsuit; Set up the judicial power are independent operation mechanism, ensure exercise their respective powers independently according to law justice; Establish complaint case settlement mechanism of keeping the pace with The Times. Which will optimize the distribution of judicial functions and powers, and improve the judicial power division is responsible for, cooperate with each other, mutual restriction mechanism, strengthen and standardize the legal supervision and social supervision of the judicial activities. Permission to court functions and duties as well as the relationship between the necessary adjustments, construct function clear, reasonable division of labor, restricting the effective judicial power operation mechanism, the division of the people’s court to deal with all kinds of cases to be responsible for and cooperate with each other and restrict each other, to ensure accurate effectively enforce the law. Expounds the complaint case end mechanism at the same time. Method of complaint involving lawsuit no longer through letters and visits, but directly into the grievance procedure, so can the most quickly solve reasonable demands for petitioners.In the conclusion part, after summarizing what has been discussed in this paper, using the method of "finding the problem – analyzing the problem- solving the problem ", the author comes to the conclusion that the reform of the complaint reporting system involving law and litigation should be based on the current situation, making it effective in resolving the current outstanding problems, and in the meanwhile we should also take a long-term perspective, trying to make the process of complaint reporting system reform a process of listening to the people, improving people’s life and resolving people’s worries in the whole system of politics and law, preventing and reducing social contradictions as much as possible.