On Alternative Judicial Dispute Resolution Mechanism

The original intention of writing this article is through the field research in W District C City People's Court primary, taking the working conditions of Complaint Letters and Visits involved in a lawsuit of a grass-roots courts China as the research object, in-depth understanding of the status of Complaint Letters and Visits involved in a lawsuit, the realistic cause and the existence of practical significance to further explore the abolition of Complaint Letters and Visits involved in a lawsuit.China is in the social transition, the economic is developing rapidly, the social reform is deepening, the wealth gap is widening, and the social conflicts is highlighting. As a right to judicial remedies in addition, the effect of Complaint Letters and Visits involved in a lawsuit is of very limited. The reason being included within the system of social governance, mainly on account of its political function of expressing social anger, relief of grievances, maintaining social stability to some extent. From the most favorable point of view of civil rights remedies, this article re-examines the existing system of Complaint Letters and Visits involved in a lawsuit and its functions, advocates a gradual improvement approach to gradually strip the right to relief of Complaint Letters and Visits involved in a lawsuit, and abandon the alternative Complaint Letters and Visits involved in a lawsuit of this judicial dispute resolution mechanism, so that make Complaint Letters and Visits involved in a lawsuit eventually return a right to judicial relief based remedies. I believe that the Litigation is a petition system of governance "integrated project", with the deepening of the socialist rule of law, judicial reform, political reform and the deepening of social reform and improvement of Litigation with the petition system, it will be gradually reduced until it dies!This paper consists of five parts:The first part is the background of the study of Complaint Letters and Visits involved in a lawsuit. This part mainly reviewed the historical development of Complaint Letters and Visits involved in a lawsuit from the start, and revealed the rights of political participation and relief capabilities. since the Supreme People's Court brought forward the concept of " Complaint Letters and Visits involved in a lawsuit" in April 2004 for the first time in the country Complaint Letters and Visits involved in a lawsuit meeting, it hasn't been authoritatively and clearly defined. In view of this, this section mainly through the difference of Complaint Letters and Visits involved in a lawsuit and Administrative and the difference stage of Complaint Letters and Visits involved in a lawsuit, as well as the different demands of Complaint Letters and Visits involved in a lawsuit, try to make it more clearly.The second part is the status of Complaint Letters and Visits involved in a lawsuit. Through the description of Complaint Letters and Visits involved in a lawsuit and related systems of interpretation, form the field research to W primary court, this part reveals that the Complaint Letters and Visits involved in a lawsuit is a further expansion of executive power to judicial power in practice.The third part is Complaint Letters and Visits involved in a lawsuit goes against the modern judicial philosophy I analysed the data form the field research to W primary court, and explore the practical reasons of why Complaint Letters and Visits involved in a lawsuit occurred, and revealed the substance of Complaint Letters and Visits involved in a lawsuit. Complaint Letters and Visits involved in a lawsuit system catabolized in the actual operation, and their rights and their system default aparted. As a right to in addition, compared with judicial remedies, it has characters of non-procedural, arbitrary, and strong administrative, with the divergence of modern judicial philosophy.The fourth part is where does Complaint Letters and Visits involved in a lawsuit will go through analysed some of the major academic and Practice views of Complaint Letters and Visits involved in a lawsuit, I put forward that the management of Complaint Letters and Visits involved in a lawsuit is a social "integrated project", and its reform should in accordance with the current judicial reform and political reform, and take a gradual way to strip it away, to weak its relief function, to make it eventually return to the right of judicial relief.The fifth part is the conclusion. Have to abandon the alternative Complaint Letters and Visits involved in a lawsuit of this judicial dispute resolution mechanism, uphold the rule of the road. With the deepening of the rule of law, people can make better use of legal regulation of their own lives and realize the right to protection.