The Research On Grass-roots Courts' Petition Letter Concerned Lawsuit

As a kind of special Petition Letter which against the litigation of the people's court, the function of litigation petition system has been dissimilated. This system formed a subtle tension between the litigation petitioners' right relief and the people's court's pursuit of stability. On the one hand, the petitioners regard the Petition Letter concerned lawsuit as a way to rescue judicial relief, the judicial authority is challenged. On the other hand, the people's courts adopt administrative, non-standardized, non-procedural means to govern Complaining Letters and Visits, the rights of the petitioners are suppressed or even deprived. This article describes the current difficulties that Litigation petition system encountered from the aspect of petition system's actual operating state in grass-roots courts, and then researches the causes of the predicament of Complaint Letters and Visits, and finally comes up with the current reform path for our Litigation petition system. This paper is divided into four chapters:The first chapter is mainly to define the connotation of Litigation petition system. By comparing the analysis of related concepts, define the connotation of Litigation petition and introduce the study objects briefly.The second chapter is to describe the Litigation petition system's actual operating state in grassroots courts, and thereby clarify the institutional dilemma of litigation petition system. Firstly, the paper will analyze the new features of grass-roots courts' litigation petition work, and then introduce the coercive management strategies which grassroots courts adopt to deal with the Litigation petition. Finally, explain the contradiction involved in a lawsuit between the petitioners and the people's court through concrete data and cases.The third chapter analyzes the causes of grass-roots courts ' petition problem. Firstly, it points out that our judicial authority is seriously interfered by outside world, some of the right relief appeals are excluded from the area of justice, and the public are forced to step on the petition Litigation road. Secondly, it notes that the internal management of judicial system is too administrative, the second and last instance exists in name only; leading judicial intervention is serious which result in no relief for people's interests and rights. Once again indicates that the petition evaluation system of the People's Court evaluates the relationship between stability and rights mistakenly, it ignores the economic function of innovation-oriented constitutional elements; and leads the protection of human rights to weak link. Finally pointing out that the judicial system lack of authority and capacity, the needs of public right relief are not guaranteed.The fourth chapter puts forward the point of this article. Firstly, subjecting to the historical, social and political conditions, the Petition Letter concerned lawsuit is still the main channel for the public to appeal right relief in the future for a long time. The reform of the litigation petition system should be gradual and improved step by step. Taking this concept as a guide, design the reform path of our Litigation petition system. First of all, we have to compel the lawyer agency system, focusing on guiding people to express interest demands legitimately. Secondly, change the grass-roots courts' policy towards petition letters and conduct the organizational construction of lawsuit petitioners. Thirdly, establish a scientific evaluation mechanism for litigation petition work and change the “Only GDP "concept of political achievements. In addition, we also have to build rights relief mechanism in the procedure, strictly regulate the procedures which people's court dealing with litigation petition cases, implement the system of splitting the lawsuit and visits and congress commissioner supervising system.