The Research On The Problem Of The End Of Petition Letter Concerning Lawsuit

The reform of the law-related petition letter involving lawsuit is the important matters specified by the central government and it is the important content of deepening the reform of the judicial system. Decisions of some major matters involving deepening reform comprehensively made by The Central Committee of The Communist Party of China, which is passed by the Third Plenary Session of the Eighteenth, clearly put forward "use the law to solve petition problems involving lawsuit and build the system of the law-related petition letter involving lawsuit ended in accordance with the law", which fully embodies the determination of The CPC central committee that they want to solve the problem of petition letter through the thinking of law and way of the rule of law and will play an important role in building a country ruled by law and the formation of national governance system.The System of the End of Petition Letter concerning Lawsuit (The SEPLL) had a short history and was once controversial in practice. Someone think that the SEPLL is the local product which conforms to China’s national conditions and is in favor of solving the problems of petition letters. So its existence has an important significance. Others believe that the SEPLL lacks of legislation basis, which doesn’t belong to "the legal procedures".So it should not be promoted. This paper holds that the establishment of the SEPLL fit in with our country’s actual situation demands of rule of law. It is the embodiment that sets up the authority and finality of judicial referee and it is the reflection of protecting the people’s legal advantage. So its existence has its important value and significance.At present, our country’s SEPLL carried forward by the Central Political and Legislative Affairs Committee and the work is not up to the legislative level. Because the SEPLL is not perfect, there are many problems in practice and even the work was put on hold. This paper argues that the biggest drawback of the current SEPLL is in terms of lawsuit legislation. Because of the SEPLL lack of law, it causes the series of problems in the end of petition letter concerning Lawsuit. For example its work scope is not scientific, its standard is not specific, the program is not unified, the result is not open and handing over is not smooth. Just because of these problems, it is not widely accepted by the society.To improve the SEPLL, explore the reasonable ways to solve the problem and enhance the systematic, the standardization and the effectiveness of the work of end of petition letter concerning Lawsuit, this paper holds that firstly, we should take the SEPLL into the legal system. Only when it is based on laws, can it be called the end in accordance with the law. And it is the root of solving the problem of end of petition letter concerning Lawsuit. Secondly, through the top design of the supreme people’s court, formulating a series of strongly operational measures involving normative contents, which can guide the work of end of petition letter concerning lawsuit throughout the country. At last, we must strengthen the work of handing over the end of petition letter concerning lawsuit and set up the connection between the court and the party committees so that the SEPLL can be really useful.