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Study On The Elimination Of The Letters And Visits Involving Laws And Litigation In Accordance With The Law

Posted on:2018-12-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y J XiaoFull Text:PDF
GTID:2346330515490244Subject:Administrative Management
Abstract/Summary:PDF Full Text Request
China is in the period of social transformation and economic transition,all kinds of contradictions constantly produce,agglomeration.Awareness of rights gradually enhanced,and the rule of law is not perfect,the people are more inclined to petition not law.Lots of letters and visits involving laws and litigation rushed into petition departments,So far,the petition departments bear a large number of matters belonging to the court.However,the scope of the petition departments responsibilities and limited capacity,can not fundamentally solve the problem,resulting in the complaint letters and visits difficult to end,which not only disturbed the normal order of the petition departments and judicial organs,but also seriously affect the building of a harmonious society and the rule of law.Therefore,this paper argues that it is necessary to analyze the predicaments of the elimination of the letters and visits involving laws and litigation in accordance with the law,and to search for appropriate countermeasures.Through the reading of the relevant literature,combined with the current part of the petition department and the court in dealing with the specific circumstances of the petition and the actual effect.This paper argues that the elimination of the letters and visits involving laws and litigation is confronted with predicaments of the trust petition not law,the separation of litigation and petition,the implementation of court decisions.Those predicaments specifically expresses in: judicial corruption,illegal law enforcement and other phenomena lead to weakening judicial authority,weakening the credibility of the judiciary;unclear scope of litigation and petition,imperfect screening mechanism,which lead to separate litigation and petition difficultly;Driven by the interests of rational economic man and the rigidity of the assessment mechanism,which cause petitioners express demands in an illegal manner constantly,so as to Interfere with the normal implementation of the letters and visits involving laws and litigation court decisions,finally it is difficult to eliminate in accordance with the law.To cope with the predicaments facing letters and visits involving laws and litigation end in accordance with the law,this paper holds that we need to design the governance path from the following aspects.In the first place,we can reshape the judicial authority,to reverse the wrong idea of trusting petition not law.In the next place,we can improve the separation system of litigation and petition,to direct litigation and petition into the correct disposal channels,so as to resolve the problem.Finally,we should crack down on the illegal behavior,to ensure impartial enforcement of the court decision of the letters and visits involving laws and litigation.
Keywords/Search Tags:the letters and visits involving laws and litigation, Elimination in accordance with the Law, Countermeasures
PDF Full Text Request
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