Research On The Termination Mechanism Of Petitions In Civil Case

The right to petition involving complaints is the concrete manifestation of the right to appeal to citizens in the judicial field.In practice,petitioning by parties who are dissatisfied with the court’s judgment after the judgment will seriously damage judicial authority,and the negative impact of petition-related petitions is beyond doubt.Promulgated relevant regulations on lawsuit-related petitions,trying to regulate the chaos of lawsuit-related petitions in practice.The mechanism for the termination of litigation-related petitions can make the correctly judged cases withdraw from the litigation-related petitions processing procedure,terminate the effect of the parties’ petitioning behavior,and the court will no longer assume the responsibility of resolving and maintaining stability.".The mechanism for the termination of petition-related petitions emphasizes the principle of the most beneficial parties,protects the legitimate rights and interests of the parties,and makes the mechanism as an extrajudicial procedure with legitimacy and rationality.This paper takes the petition work of the Higher People’s Court of A Province as the investigation object,and focuses on the actual operation of the mechanism for ending petitions involving lawsuits in civil cases.Based on specific suggestions for improvement.Specifically,it includes four parts:The first part defines petitions and petitions involving lawsuits.According to the provisions of the civil retrial system and the principle of the termination mechanism for petitions involving lawsuits,it defines petitions involving lawsuits as the acts of petitions involving lawsuits in which the parties lose the right to apply for retrial and the case has not been terminated.The operation of the mechanism is explained in this paper to lay the groundwork for the theory and background.Through the system and performance of petition-related petitions,the functions of this mechanism are summarized,namely ending unlimited complaints,maintaining judicial authority,and saving judicial resources.The second part takes the litigation-related petition work and the litigation-related petition termination mechanism of the Higher People’s Court of A Province as the investigation object,and examines the rules of the litigation-related petition termination mechanism in A province.The mechanism is elaborated in five aspects including the end effect.The third part analyzes the existing problems of the mechanism for the termination of petition-related petitions based on practical research cases,and focuses on the initiation,review,protection of the rights of the parties,and poor application of the mechanism.From the perspective of the mechanism itself and external difficulties,analyze the reasons for the problem.In the fourth part,based on the analysis of the problems and causes of the termination mechanism of petition-related petitions,corresponding suggestions for improvement are put forward.Three suggestions are put forward to improve the mechanism to ensure the quality of termination,to ensure the effectiveness of termination and to improve the effectiveness of the mechanism.