Some Concepts And Methods Analysis About Litigation-related Of Complaint Letters And Visits

System is a designed with Chinese characteristics, is an important channel of theparty and the Government’s close ties with the masses. Within the framework of theConstitution and letters belonging to the assisted areas of constitutional, in history itcame into being when the efficiency is our core constitutional severely inadequatecompensatory systems. But due to the complexity of the socio-economic reasons,letters and calls system once dominant status in the framework of our Constitution,and when entering the21st century, China’s period of strategic opportunity in theeconomic development, society of prominent contradictions and disputes of all kinds,also wearing in our core constitutional status.Litigation petition in question is involved in litigation against court petition, withactions, procedures and authority, focus features, accounted for about social50%ofthe total amount of letters and calls. Total appealing repeatedly appealing to higher,besides appealing to highlight non-normal appearing tough, organized, and cleartendency toward violence. Its causes have reasons, social reasons, of the court system,institutional causes of the causes or party causes. Currently, studying and publicizingestablish the following concepts and methods:Is a clear letters and visits from the socio-political, economic, cultural and legalaspects of interactions between factors results, is a reflection of economicfundamentals in the superstructure, the Court is the national judicial organs, is theultimate judge of various disputes and social conflict, litigation and increase in casesinvolving litigation petition is an objective phenomenon, appealing to litigation inquestion was a long-term task facing the people’s courts;Is clearly the second work of letters and calls as a design system with Chinesecharacteristics, is the party’s important ways to maintain flesh-and-blood ties with themasses, present and future time solving the problem of letters and visits from the important task is to restore and maintain normal order of petitioners, legalization ofadvancing the work of letters and calls, establishing long effective mechanismhandling litigation petition-related issues;Three is a clear focus of litigation petition in question is not how to control onappealing to the masses, but rather to the interests of the masses, masses of workfocused on solving practical problems, ensure that the trial and execution of Justiceand efficiency, equity and justice in society;Four is clear judicial protection is social justice of last together defense, inprocessing social contradictions and dispute process in the, must better to playadministration and people mediation organization of Qian Reset role, cannot makesaction and the involved litigation petition became solution dispute of "grueling", incourt normal filed of situation Xia, entered to Court judicial program of case shouldmore less more good, involved litigation petition case ratio should more small moregood;Five are clear on justice issues, procedural justice is absolute, and substantialjustice can only be relative, to scientific understanding and grasp of Justice, properuse and exercise appeal rights, in shaping a respect for judicial decisions, establish ajudicial authority of final judgments atmosphere;Six are clear cases in civil and commercial matters is not contrary to theprovisions of laws and regulations, without prejudice to the interests of the State,social and public interests or the legitimate interests of others, subject toreconciliation of the parties reach an agreement, is basically satisfied with the justiceto mediation first, more regulation and less liable, speed is not liable;Seven are specifically Chinese characteristics of judges should undertake twotasks, the first is to provide a fair trial and the second is to do reasoning serviceoutsourcing, to implement the work of letters and calls of responsibility to each judgewho, building visits work patterns, forming a full grasp of complaint letters and visits;Eight is clearly the parties to use right in so many way to resolve disputes in thecost of litigation is one of the largest, Parties shall compare the inputs and outputs ofthe action, you can choose lower-cost way of resolving disputes;Nine is the explicit legal protection conferred by the Constitution of the people’s democratic rights, and punished according to the law to petition for the illegal andcriminal activities, appealing to rights of the masses to do petition according to thelaw, maintenance of rational, followed the proceedings, order maintenance petitioners,remember no shortcuts before the law;Ten is the need to remind the party committees and Government attach greatimportance to, and must work with strong feelings, we must resolutely implement theparty’s policies, efforts must be made to deal with the problem in the field,coordination must be strengthened.In modern society, the law is no longer simply as a means of resolving disputes,and become a social construction tools, organizations and social reform means. In therule of law in the context of a multitude of things," rule by law" is the work of socialmanagement in the" class", place, pull one hair and use the whole body. Letters inparticular petition letter in problem solving, always walk in the orbit of the rule of law.The people’s court according to the law, handle cases according to law, judicialcorrection thereof, on petition letter work should establish a unified management, incharge of reception, classification responsible, under the coordination of normalmanagement mechanism, in accordance with the " who is in charge and who isresponsible" principle, implement the petition cases of guarantee responsibilitysystem, implement executive dean, President and cases the Contractor ’s liability, theestablishment of full grasp the petition work, efforts to fundamentally prevent andreduce the occurrence of cases of petition letter. The masses to enhance the legalawareness, legal petition, rational rights. The party and government organs andsociety each respect to scientific view of petition, in strict accordance with the law,the constitution of our country under the framework of present and future trend,should be the core of constitutional and auxiliary system in accordance with the spiritof the Constitution and the principle of the rule of law to return to their respectivestandard. The fundamental way out for digestion problems, lies in the adoption ofreform and enhance the core constitutional justice to promote efficiency, the directionof reform should be to eliminate the letters and visits system causing coreconstitutional position, authority and efficiency loss phenomenon and tendency, avoidout of orbit of the rule of law, resulting in government agencies and social management field, dislocation, offside vacancy problem, from the system and themechanism of security and promoting social harmony and stability.