Thoughts On The Establishment Of The Execution Of Complaints System

Currently, the execution of letters and visits, as one of the phenomenon of"execution of difficulty""execution of chaos"is still an outstanding problem. The People's Courts at all levels have spent lots of judicial resource on trying to solve the problems of letters and visits, but the effect is not ideal. Reflecting the current execution of letters and visits'work, the contradiction is highlighted in addition to the enforcement execution system itself has defects, the social credit system has not been established, the social environment of execution is not good and other reasons, we neglect that there have many complaints about execution of letters and visits, the current administrative, non-legal process of letters and visits mode does not conform to the special rules of the execution of letters and visits which are within the judicial proceedings. We should reform the current mechanism of the execution of letters and visits, establish the execution of complaints system in law, make it included in the orbit of judicial proceedings, give the execution of complaints rights by the protection of the law proceedings and advance the transformation from letters and visits in the current execution program into legal remedies. This paper will divide four parts to research the establishment of the execution of complaints.The execution of letters and visits program has its limitation. Analyzing the meaning of the execution of letters and visits and the current situation of the execution of letters and visits program, it mainly has the following problems: the amount of the letters and visits is still rising, rewriting and revisiting is still in high rate, the contradiction is increasingly fierce, the treatment standards are not uniform and the handling procedures are not strictly. It mainly because the impact of the social development and the traditional values, the"execution of difficulty"problems and other aspects. The limitation of the execution of letters and visits itself causes its not giving legal remedies to the problems of right damage in the court's execution program.Establishing the execution system aims at the practical needs of the execution of complaints. Studying the phenomenon, content, concept and characteristics of the execution of complaints, we can know that the execution of complaints and the execution of letters and visits are alike, but it is of the appeal attributes and is one of the litigation activities. Establishing the proper operation of the execution of complaints, achieving the legalization of the execution of complaints are the inevitable choices. They can promote improving the execution of remedy system further; realize the protection of the fair running of the execution program, the equal protection of the citizens'legitimate rights and interests and the digestion of the execution of letters and visits contradiction.The execution of complaints system has dual functions that are the right of remedy and the realization of creditor's rights. They specific include: set up a strict procedure regulation, the appeals need to be statutory, the appeal examination shall not affect the execution and focus on grooming and reconciliation.To design the specific program structure of the execution of complaints, first we need to establish the independence of the program running, realize the separation of processing mechanism between the execution of letters and visits and the execution of complaints and realize the link with the People's Court's authority supervision program. Second we should propose the specific subjects of the execution of complaints that are grounds expressly permitted by law, to sum up they mainly are the enforcement court and executive are lazy to perform its functions and effective execution of the decrees and decisions are illegal or wrong. The third we should clear the complaint subject, the jurisdiction, the amount of complaints, the appeal period, the way of the complaints and other program elements of the examination procedure of the execution of complaints. The forth is the form of the examination organization and the mode , and the operating mode of the execution of the complaints examination program including case acceptance, examination, procession and answering questions these four parts.