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Study On The People's Court's Complaint Reporting

Posted on:2020-03-11Degree:MasterType:Thesis
Country:ChinaCandidate:Z H HeFull Text:PDF
GTID:2416330572457190Subject:Public Management
Abstract/Summary:PDF Full Text Request
The people's courts are concerned not only with the people's legitimate interests and the judicial authority,but also with the social harmony and stability.Because of the influence of traditional ideology and culture,the people's self-consciousness has been continuously strengthened in the period of social transformation.Along with the deepening of reform,China's various undertakings is in constant development and there have been new changes in each aspect such as diversified interest subjects and diversified interest demands in the social structure,and a large number of social contradictions have entered the people's courts in the form of litigation.Under the background of strengthening and innovating the social management,to study and solve the problems related to complaint involving lawsuit of the people's court is of great theoretical and practical significance to resolve the contradictions among the people,to maintain social harmony and stability,and to promote the sound and scientific development of the work of the people's court.The Complaint involving lawsuit by the people's court is due to the complainant's dissatisfaction with the relevant cases handled and executed by the people's court.The complaint involving lawsuit is an important part of the in China.It takes the court as the main accepting institution and,in accordance with relevant laws and regulations,it handles letters or problems regarding the procedures of the relevant cases handled by the people's court.The task is to solve the problems of the people's demands,express their wishes and resolve conflicts.As the number of litigation cases accepted by people's courts continues to increase,the number of complaint involving lawsuit case is also high,and,as the current complaint involving lawsuit case processing mechanism is imperfect,the cooperation system of relevant departments needs to be strengthened and the quality and effectiveness of court trial and execution need to be improved.All of the above factors may result in various problems.Individual complaint involving lawsuit case also has a large bad social influence,and so the standardization and institutionalization of litigation-related letters and visits meet severe challenges.This article mainly analyze the problems related to complaint involving lawsuit from four aspects.The first section shows the introduction.This part mainly introduces the background and significance of the subject,the summary of domestic and foreign research status,research objectives and contents,research methods and this part also puts forward the research ideas and basic framework of this paper.The second section is about the outline of complaint involving lawsuit by the people's court.This part introduces the concept of complaint involving lawsuit,the distinction between complaint lawsuit and related concepts,and the history and function of complaint involving lawsuit and it is intended to clarify the key concepts involved in the paper.The third section tells the analysis of the current situation and reasons of the complaint involving lawsuit in the people's court.At present,there are still several problems : the number of petitions in Beijing is still expanding,the petitions are organized and tend to be "professional",high rate of repeat petitions and occurrence of illegal petitions,etc.The current mechanism for handling cases involving complaint has drawbacks.The reasons why the problems occurred mainly include the factors related to the working mechanism of complaint involving lawsuits,the factors related to judicial practice,and the factors related to the complainant.The fourth section introduces the countermeasure to solve the problem.It mainly expounds three parts: improving the working mechanism of complaint reporting,improving the quality and efficiency of judicial judgment,and solving the problems of complainants.We will improve the working mechanism from four aspects,namely,improving the mechanism for ending litigation-related petitions,separating litigation from complaint involving lawsuit,establishing a linkage mechanism with relevant departments,and innovating new mechanisms for handling complaint cases.We will strengthen the screening and resolution of cases involving complaint,and further improve the interpretation of law.We will further strengthen trial management and evaluation,enhance judicial justice,and prevent complainants involving lawsuit at their source.We will deepen judicial publicity and strictly investigate the liability of the petitions.We will improve the quality and effect of judicial trial.All in all,The problems of complaint involving lawsuit can be solved from four aspects: strengthening the rule of law publicity,improving the psychological guidance of the complainants,severely punishing the illegal complainants according to law and improving the judicial assistance system.
Keywords/Search Tags:The people's courts, complaint involving lawsuit, working Mechanism, legitimate interest, judicial authority
PDF Full Text Request
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