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Research On The System Of Complaints And Complaints

Posted on:2017-10-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2356330512961928Subject:Law
Abstract/Summary:PDF Full Text Request
Recent years,with an increasing number of social contradictions getting into judicial channels,there are more and more petition letters concerned lawsuit on decisions of the people's court and judicial action,and therefore dealing with the petition letters has been a very important part of the work of the people's court.Petition letters concerned lawsuit are non-institutionalized,irrational and de-normalized,which makes it easy for people to see them as a profitable and effective way to solve problems with low cost and high concern.Petition letters are also considered as an alternative means of judicial dispute resolution mechnism and thus have a big impact on judicia status.This paper will first offer a basic elaboration on petition letters concerned lawsuit,analyze the characteristics of current petition letters and reasons for them to form.This paper will mainly discuss the negative influence ofpetition letters on legal system construction.Petition letters must be solved in a certain way.We need to get rid of the phenonenan that "Petitioners have finished the whole precedure but without satisfied results thus they have to complain to the superior departmen".From this point of view,it is necessary to set up an "terminal system" for the petition letters concerned lawsuit.The terminal system can be set up through two channels,one is the judicial termination.Judicial final adjudication power must be reflected and guaranteed to maintain the judgement of the referee and the credibility of the judiciary in accordance with the law.The other is system termination,which is the main subject of this paper.Whether to satisfy petitioners' legistimate and reasonable demands or to dispose their demands so as to balance the different interests,all in all,we need to find a way to terminate the petition letters legally,to stop and eliminate frequent petition letters concerned lawsuit.
Keywords/Search Tags:The terminal system, judicial authority, the Petition Letter Concerned Lawsuit, Judicial Termination
PDF Full Text Request
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