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Lawyers To Participate In Resolving And Representing Cases Regarding Letters And Visit

Posted on:2019-11-17Degree:MasterType:Thesis
Country:ChinaCandidate:W T ZhangFull Text:PDF
GTID:2416330545994243Subject:Civil justice practice
Abstract/Summary:PDF Full Text Request
“Petition involved in law suits” is accompanied with the further development of the rule of law construction in China and gradually become important topics on the agenda.“Petition involved in law suits” it can be used as a feedback tool,let the government know the application of the law.If we exaggerate the function of the “petition involved in law suits” it will inevitably affect the authority and final nature of the judicial trial.For individual cases,there may be unreasonable petitions,excessive visits,entanglement and complaints,etc.It is difficult for the parties to settle the lawsuit and the dispute cannot be solved.What is more serious is the influence of the procedure,the referee's rules,the system of adjudication and so on,thus,the judicial authority and judicial credibility can be reduced and the exercise of power is obstructed.The CPC central committee for political and legal affairs was released?Opinions of the CPC Political and Legislative Affairs Committee on Establishing the System for Lawyers to Participate in Resolving and Representing Cases regarding Letters and Visit relating to Legal Proceedings(for Trial Implementation)?on June 8,2015.This rule is based on the spirit of the fourth plenary session of the 18 th CPC central committee.Give full play to the national lawyers in safeguarding the legitimate rights and interests of the masses,resolve disputes,and promote social harmony and stability of the positive role in the making.Also numerous achievements of representative form,to solve the law-related complaint involving lawsuit case has played a positive role.Through investigation and research in this article,the author believes the lawyer can effective solve the law-related complaint involving lawsuit cases.Due to the "opinion" in the pilot stage,related pilot requirements across the country actively,lawyers across the country to participate in the law-related complaint reporting cases involving lawsuit procedures and the provisions of the law is differ.This paper combined the existing complaint involving lawsuit procedure about lawyers participate in visits,the relevant provisions of the A and C city then complaint involving lawsuit cases about lawyers participate in visits program,for example,of complaint involving lawsuit cases lawyers participate in visits the specific procedures and related functional lawyers make idea,purpose is to perfect the procedure of complaint involving lawsuit cases lawyers visits,practical and can be through a lawyer involved in fairness and justice and effectively solve the problem of law-related complaint involving lawsuit.The author holds that Law-related consists of complaint involving lawsuit case for judicial organs and the object is,division of authority letter "visits" judicial behavior and to the people's courts at various levels related to people's court,trial and execution of all kinds of lawsuit case involved with letters and visits and complaint involving lawsuit.In accordance with the regulations on "under centralized to deal with" rules,law-related complaint involving lawsuit cases handled directly by orgnaization of agency of before,but as a result,serious increase the burden of the judicial departments and difficult to effectively resolve complaint case.So complaint involving lawsuit against visits formulated the " Litigation petition separation",both litigation and letters need separate processing,complaint involving lawsuit will visits into the channels of the rule of law to solve problems,and lawyers as the third-party complaint involving lawsuit cases were introduced to dissolve the visits can,according to the principle of " Litigation petition separation",introduced the case to the judicial proceedings.This article is divided into six parts altogether,specific as follows:The first part is the law-related complaint involving lawsuit system of the paper,through the introduction of letters and visits involved with letters of complaint involving lawsuit case leads lawyers involved in resolving visits value.The second part is the processing of complaint involving lawsuit case is visits,on foreign related institutional setup and personnel allocation are introduced briefly.The third part is to dissolve the law-related lawyer complaint involving lawsuit case application situation are introduced briefly,mainly divides into the case with the introduction of the existing regulations and implementation of the present situation of two parts.The fourth part is to the problem of complaint involving lawsuit cases lawyers participate in visits do induction and analysis on the cause of the problem in this paper.The fifth part is the lawyer complaint involving lawsuit cases involved in visits program make recommendations,mainly from the lawyer complaint cases involving lawsuit procedures involved in resolving visits the necessity of complaint involving lawsuit cases,lawyers involved in resolving visits program builds,and function optimization of complaint involving lawsuit case lawyers participate in visits to advise three parts.The sixth part is the conclusion,the author of this article make a inductive summary.
Keywords/Search Tags:petition involved in law suits, lawyer participates, Status and issues, procedure construction
PDF Full Text Request
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