On The Legal Dilemma And The Way Out Of Complaints

The issue of complaint reporting is a difficult problem for all judges and courts at all levels,and it is also a hot spot and focus that is deeply concerned by all sectors of society.This article will be divided into four chapters.On the basis of analyzing the connotation,characteristics,institutional value and legal dilemma of complaint reporting,the author gives his own shallow suggestions for solving the problem of complaint reporting in order to effectively reduce the problem of complaint reporting.The first chapter clarifies the relationship between complaint reporting and complaint reporting in France,makes an accurate understanding of the connotation of complaint reporting,and puts forward that complaint reporting has the characteristics of litigation,individual case,and non-procedural,so as to accurately define complaint reporting.The second chapter analyzes the value of complaint reporting system.First,on the positive side,the complaint reporting system has the role of political participation,human rights protection,rights relief,rights supervision,and "safety valve".Second,on the negative side,complaints and petitions may have negative effects on judicial independence,eliminate judicial authority,reduce judicial credibility,and increase judicial costs.Due to the advantages and disadvantages of complaint reporting,there are different views on the existence and abolition of complaint reporting.One is to advocate the strengthening of complaint reporting and the other is to advocate the abandonment of complaint reporting.This article believes that the complaint reporting should be reformed by law.The third chapter analyzes the legal difficulties faced by complaint reporting.On the entity side,the first is that the court judgment is disturbed.It mainly discusses the impact of human relations on entity justice in China and causes entity injustice.The second is that the Chinese people exactly have a "paranoid" pursuit of substantive justice.In order to pursue what they think is substantive justice,they can not have any procedures;The third is to deal with complaints and petitions,which lacks the legal basis of the high-level level and can not effectively solve problems within the track of the rule of law.In terms of procedure,it is mainly that the complaint reporting system is regarded as a kind of right relief procedure,and the endless complaint reporting conflicts with the judicial res Judicata.The root cause of this situation lies in the irrationality of the retrial system in China.The fourth chapter aims at the predicament,proposes the way out of the predicament,speeds up the legislation of the "petition law",realizes the separation system of complaint and visit,improves the system of the end of complaint and petition,and improves the prosecution of retrial.