The Study Of The Legalization Of Lawsuit Related Petition

The system of complaint letters and visits involved in lawsuit is the important way of resolving disputes and maintaining the rights expect for litigation and reconsideration procedure,which is supplementary methods besides judicial remedy. In recent years,the problem of complaint letters and visits involved in lawsuit is deepening. There exists the thinking of “believe the letters and calls but not believe the law”, so judicial authority is severely challenged and complaint letters and visits involved in lawsuit has become a major task faced by judicial office.through the empirical research of Q county court’s complaint letters and visits involved in lawsuit and the analysis of complaint reporting data,we have realized the operation situation of letters and visits involved in lawsuit. Because in recent two years it begins to pursue the administrative and criminal responsibility of misbehavior, overall, he rate of complaint letters and visits involved in lawsuit has decreased; the problem of complaint letters and visits involved in lawsuit is still deepening; misbehavior in visits still exists and group’s visit appears; aspiration of demanding reception by leaders is still high; middle-aged groups is the main force of petition; involvement of complaint cases is accounted for by major.By adopting dualistic analysis path of court and visitors to explore the reasons of complaint letters and visits involved in lawsuit in court of Q county,we analyze that the reasons in court are as follows: judicial corruption leads to injustice and “misplaced reception of leadership” negates the judicial authority; flaws exist in judge’s work and miscommunication trigger discontent and misunderstanding of parties and these make credibility of the judiciary suffers severe damage. The reasons in parties’ respect mainly are the misbehavior because of pursuing profit maximization, and legal knowledge, ability to protect rights don’t improved synchronously with right-protection awareness and the high expectation to court.According to the reason analysis dominated by court and visitors, legalization path of complaint letters and visits involved in lawsuit reform is proposed. Courts should improve quality of handling cases and eradicate injustice. Besides, courts should establish the reception system by leadership and lay emphasis on active openness of justice information, mastering speaking right and change the way of communication and optimize service for receiving visits of representatives; According to visitors’ legalization, we should further advance accountability system of misbehavior and judicial aid should be used with caution. Meanwhile, it should perfect social security and strengthen legal education and form legal ideas. And we also should use a variety of means to build fair and public judicial environment and improve judicial credibility.