The Construct Of China's Complaing Letters And Visits Involved In A Lawsuit End Program

Nowdays, China is in the process of social transformation, with the rapid development of economy, the changes of social structure, and interests patterns, a number of contradictions and disputes increased day by days. During the period of social transition, people's public awareness of the law, rights awareness and consciousness of equality is promoting, with the various problems appeared in this special time, a large amount of disputes cases flock to the court, which cause a spurt of growth in complaing letters and visits in total cases, runs through all the courts at all levels in our country. Although the Central and Commitee and local governments has make efforts to resolve the complaing cases, but the number of the total cases are still high to deal with. The contradiction and problems of the petition staff to reflect the growing accumulation of the court's authority and judicial credibility because the petition cases can not be handled in time and cut. According to the petition appeared in recent years, but because of lacking in treatment based on the unified and can stand the test of the standard, therefore, have developed around the end of lawsuit way. This article is in this background, from the following parts of the petition this proposition end procedure, and put forward the concept of the rule of law construction point of view on China's current petition end program.The first part, the concept and value analysis of complaints. Involving complaint letters and visits have certain connection and difference, this part through to our letters and visits the background and initial function analysis to a preliminary definition of the concept of complaint letters and visits, and in a comparative analysis based on the definition of domestic scholars and law enforcement authorities of complaint letters and visits defines the complaint letters and visits of the concept.After defining the concept of litigation petition, analyzes the positive function of the petition to the society and the national judicial system and the negative influence from the concept of value and function of the petition reflects. The academic circles on the petition of the abolition of the dispute come out of the current theories of litigation petition norms, and draw the future development direction of China's petition.The second part describes the basic theory of litigation petition termination procedure legalization. Through the analysis of policy documents issued by theCentral Committee of political science and law and the Supreme People's court has formulated the relevant documents for complaint letters and visits to end the meaning of a program to be defined, and the analysis of the nature of the procedures of the end of the complaint letters and visits. In the definition of complaint letters and visits end based on the basic concepts of the program, the proposed complaint letters and visits end program to build the necessity of both complaint letters and visits end program will help alleviate the impact of complaint letters and visits of the non order of law order and value; balance judicial procedure and complaint letters and visits between the right relief function; is conducive to solving China is currently involved in the complaint letters and visits processing results with end of complaint letters and visits involving non procedural and reform of highly probable.The third part of our petition end program text and practice status description.The first part of the list making organs of China litigationpetition end approach,including the Central Committee and the Supreme People's court and the higher people's court made the end of way. Analysis of these files in the list based on the common specification on the status quo and lists the difference degree. On the basis of the text analysis, this paper takes Gansu Province as the research object, citing the Gansu province practice how to end the lawsuit, and its advantages are analyzed.Listed in the text and the practice situation in our country, the petition termination procedure exists in the text and the problems in practice are listed.The fourth part of our petition end suggestions construct. Through the analysis of the current our country develop end measures, put forward China's petition to end basic path of the program construct. Method to realize the road king should by the Standing Committee of the National People's Congress enacted the law for the end of complaint letters and visits ", analysis to develop the basic principles of the law, and under the guidance of the basic principles, will petition letter case of a unified into the legal orbit, and design a specific idea, further clearly involved in complaint letters and visits. At the end of the scope and procedures, especially will further improve the complaint letters and visits end procedure of the hearing system and the petition letter case ends after the establishment of relevant punishment mechanism and establish and improve the resolving system of relief work. At the same time the establishment ofsupporting system of litigation petition termination mechanism.In the conclusion part, on the basis of the above discussion, the paper summarized, and points out the question.The end of the program construction of complaints is a complex social practice, not overnight, requires the joint efforts of the community. Finally, the author will be looking to the future, ending procedure of complaint letters and visits will play its due role gradually separated in China involved in the complaint letters and visits the right relief function, make it become the effective way of citizen democratic supervision and political participation,gradually reducing the stability and order of the legal environment, realize the stability of the judicial process.