Research On Abolishment Of Petition System Involving Law And Litigation In China

It has over 60 years for the establishment of letters and visits system in China till now; as one of Chinese characteristic democratic political systems, it makes outstanding contribution in closely connecting Party with the masses and smoothing popular will; but it also triggers many social problems. As the important component of letters and visits, letters and visits related to laws or suit make certain contribution to right relief and also cause the generation of many contradictions, in particular to damage to Chinese judicial system, influence on social stability and dilemma of the letters and visits related to laws or suit, which make it very troubled to handle; therefore, it is always the focus of social attention and the social hotspot which the state pays attention to and needs to solve urgently.There are five chapters in the paper. The first chapter makes detailed analysis on the concept and historical context of letters and visits related to laws or suit; firstly, it illustrates the concept of letters and visits and explains letters and visits in broad and narrow senses; secondly, it defines the concept of letters and visits related to laws or suit and explains the idea of opposing the adoption of letters and visits related to laws or suit independently.In the second chapter, it mainly analyzes the factors for existence of letters and visits related to laws or suit; it includes two parts:one part is internal factor formed by legal consciousness, self-interest mentality and narrow cost concept; the other part is external factor formed by external judicial environment and letters and visits environment; the judicial environment is shown in lack of judicial authority, disadvantages of judicial system and judicial corruption. The internal and external factors form the reason of selecting letters and visits solution mechanism and refusing the judicial solution mechanism in face of disputes related to laws or suit.In the third chapter, it discusses and considers the current situation and system dilemma of letters and visits related to laws or suit. Firstly, the large number of letters and visits related to laws or suit for many years, complicated letters and visits group, high proportion of repeated visits and visits bypassing the immediate leadership, and intensification of letters and visits opposability generate many unstable factors; secondly, the system of letters and visits related to laws or suit show many irreconcilable system dilemma:it not only generates damage to judicial authority but also has conflict with justice value of procedure, efficiency value and other legal values.In the fourth chapter, it summarizes the opinions and suggestions of the theoretical cycle on the letters and visits system reform, which also includes the scholars’ opinions on reforming letters and visits system related to laws or suit. Through analyzing and considering various opinions, on the premise of supporting weakening theory, the paper advocates keeping the political participation and public opinion expression function of letters and visits system and abolishing its right relief function; therefore, it can not only handle the influence of letters and visits system related to laws or suit on Chinese judiciary and society but also solve the problems of current letters and visits system. Meanwhile, the paper also advocates inputting more energies and resources to perfect Chinese judicial environment, including establishment of judicial authority, judicial system reform, renovation of judicial corruption, etc., instead of repairing the letters and visits system related to laws or suit by strength; the mature society with rule of law shall establish a right dispute settlement mechanism dominated by judicial channel.In the last chapter, it expresses and suggests the path selection after the letters and visits system related to laws or suit is abolished:it includes the suggestion of reforming the current letters and visits mechanism and combining letters and visits system and National People’s Congress System, in particular to accelerate Chinese judicial reform progress and perfect Chinese judicial system continuously. Meanwhile, it advances some suggestions on measures of transition phase after the letters and visits system related to laws or suit is abolished. It is wished that the propositions and suggestions in this paper can enlighten the theoretical research of the letters and visits system related to laws or suit and achieve substantial assistance to solve the letters and visits problems and promote the buildup of a harmonious society.