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Analysis On Collective Complaint Letter-visits Concerning Litigation

Posted on:2011-07-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
GTID:2166330332969308Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, the contradiction of collective complaint letter-visits concerning litigation has become apparent. Enjoying the features of highly-organized, widely-influential and easy to be sharpened, this kind of letter-visits become the constraining factors on the development and stability of our society. This paper will start from the status quo of collective complaint letter-visits concerning litigation in China, and then explore the paths to reduce and solve the problems by learning from the relevant practices of foreign countries.Chapter one discusses the conception and definition of collective complaint letter-visits concerning litigation. Complaint letter-visits concerning litigation will be defined first, and the case in which one single group litigation involving five or more letter-visits shall be considered as"collective".Chapter two discusses the status quo and features of collective complaint letter-visits concerning litigation. The number of collective complaint letter-visits concerning litigation have been increasing rapidly. This kind of letter-visits boast several features such as highly-organized, widely-influential and easy to be sharpened, beyond which one character is more critical i.e. there are four major disputes lead to the collective letter-visits.Chapter three will discuss the cause of formation and dilemma of collective complaint letter-visits concerning litigation at present. The interest adjustment of economic and social relations is the fundamental cause and the limitation of the court system is also an important cause of the problem. We have to face the five dilemma:"rule by human or law","judicial independence or intervention","substantive justice or procedural justice","final judgment or arbitrary"and"legal effect or social effect".Chapter four will provide the suggestions and solutions to current problems exiting in collective complaint letter-visits concerning litigation from two aspects of prevention and management. And concrete solutions pointing to the three typical disputes (labor disputes, house removal disputes and contract disputes) will be provided at the end of the paper.
Keywords/Search Tags:Litigation Involved, Collective, Complaint Letter-visits
PDF Full Text Request
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