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The Problems And Countermeasures Of Grassroots Legal Existence Of Complaints

Posted on:2018-07-29Degree:MasterType:Thesis
Country:ChinaCandidate:S J LiuFull Text:PDF
GTID:2416330566965290Subject:Law
Abstract/Summary:PDF Full Text Request
Petition is the safety valve for the society,channel for public opinions and vehicle for public participation in social administration.The masses use petition letters and visits to express their sincerely concerns about social aspects.Through the letters and visits,the masses can exercise their rights to expose,report,sue,supervise and so on.Thus,petition plays important role in our society.The petition letters and visits system involving law and complaint is a special way of rights relief in China.So that,the system is an important component of petition.Its existence has many factors,such as history,jurisprudence and so on.Dealing with petition work has played a major role in resolving the contradictions between the masses and the administrative.It can be said that whether the handling of petition is good or not,is not only related to the authority of law,the credibility of law enforcement and judicature,but also related the security and stability of society.In recent years,in the theoretical and judicial circles,there has been a growing debate over the existence and abolition of the petition system.The 18 th National Congress of the CPC and the third Plenary Session of the 18 th CPC Central Committee made clear demands and opinions on the reform of petition involving law and complaint.Therefore,how to do a good job in the reform of petition system has already become the key point and main difficulty to our Party committee and the government.This article analyzes and discusses the reform of petition letters and visits involving law and litigation from three aspects.Firstly,it is the general theory of petition letters and visits.This part gives the concept of letters and visits and those involved in law and litigation,and makes a distinction between law and complaint petitions and general petitions,and expounds the necessity of the existence of petition system.The petition system involving law and complaint is adaptable and plays a major role in the tide of letters and visits,so that China can tide over the turbulent period smoothly.At the same time,the function of petition system involves diversity and relief functions.This part also analyzes the status of nowadays,which includes most of the petitioners are the vulnerable groups,part of the petitioner's appeals are reasonable,most of the problems are related to public security and court,and those cases are difficult to deal with.After finish reading this part,we'll have a main concept and direct understanding of petition.Secondly,it will show us the status,characteristics,causes and influence of petition involving law and complaint in Cixian.Let's have a general review from 2013 to 2016.The data of petition from Cixian legal departments will be analyzed,compared and summed up which will reveal the reasons of how petition cases come into being,which also expounds the general situation of Cixian petition situation.This part shows that generally the petitioners are aged,less-educated,well legalized,more directly,more obviously of chasing profit,various ways of expressing their demands and more fiercely.And,this part also shows that the amount of petition is still in a high level,such as leapfrog petition,Beijing visit,collective petition,especially in the sensitive period.Most petitioners can not estimate the risk of litigation correctly,understand the law comprehensively and analyze the issue reasonably.Parts of the media mislead the public.Etc.All of these will lead to petition and have a far reaching social impact.Thirdly,it is the plight and countermeasures of this issue in Cixian.The predicament which Cixian is facing with,can be shaped into several parts.Some civil servants lack of awareness,their mode of methods is fossilized.The gap of financial aid in legal area is large.Information communication between departments is not smooth enough.All of these need to be changed,the mode of petition system need to be reformed.Such suggestions will be all provided in the article in order to propose reference to deal with the Cixian's situation in petition problems and the reform of China's law and petition area.
Keywords/Search Tags:Action involving law and litigation, Petition letter, Reform, Sound
PDF Full Text Request
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