The Causes And Solutions Of The Civil Petition Of Litigigation

This article take the reality and the historical contrast, the micro and macro compared to a combination of practical and theoretical means, the Petition of Litigation from the origin, current status, problems, causes and value aspects of China’s the Petition of Litigation made a more in-depth, comprehensive study and solve these problems, comments and suggestions to reform and improve China’s the Petition of Litigation system. In addition to the introduction, this paper will be divided into three major sections.Chapter One is the Petition of Litigation. Mainly includes three parts, the first comb of the existing understanding of the academic petition system; and then address the definition of the concept of the Petition of Litigation, clear the Petition of Litigation of theoretical research areas and define the scope of the Complaint Letters and Visits; again, Analysis of Civil Litigation the petition system in the current Chinese society the existence of reasonable factors.Chapter Two is about the status and difficulties of the Petition of Litigation system. Mainly includes three parts, first described the status of Petition of Litigation of contemporary Chinese society; and then the main Analysis of Petition of Litigation system and the conflicts of the civil Procedure Law, including the Game of the Civil Petition of Litigation and civil res judicator theory, procedural justice, value and effectiveness of the proceedings value.; again, from the five aspects of society, history, culture, justice system, the Court itself and the Petition of Litigation parties, etc. of the Petition of Litigation the climax of the reasons.Chapter Three is innovative path to resolve the Civil Petition of Litigation. And mainly includes two parts. Firstly, the useful reference for domestic and international Petition of Litigation system reform. Although foreign don’t have the Petition of Litigation system, but the corresponding expression of public opinion mechanism is still of great reference significance of the Civil Petition of Litigation system; described the Abolition of the petition system reform.Secondly, The path to solve the problem of China’s Civil Petition of Litigation. Including risk assessment mechanism to establish Complaint Petition of Litigation; shunt settlement mechanism; to strengthen the internal construction of the Court; transformation, a continuation of the legal system and society, the comprehensive management of five major areas.