The Case In The Period Of Petition

What is mentioned in this case is a common criminal case,commuted,experienced by the court,and then asked for the state compensation,the criminal appeal,not necessarily difficult.Even if there are complex,difficult points,they can be studied and resolved in the big background.But in the era of large letters and visits in the background,under the appeal of the interview,the case of the treatment is often complicated in practice.The reason for it is worth pondering."The petition system is an important system of democratic supervision,is the actual complaint system,while the legal basis is the" People's Republic of China constitution "forty-first," People's Republic of China citizens of any state organ or functionary have the right to criticize and make suggestions for any state organ or functionary of illegal acts,have the rights to complain,charge or expose to the relevant state organs ".Therefore,from the form of logic,the complaint is the channel and the form,complaints,reports and comments and suggestions are content,and the essence." For example,when a party of the criminal appeal cases refuses to accept the people's Court of criminal justice,but to apply for prosecutors protest,from our legal theory and practice point of view,he is in the criminal appeal,hoping to start the trial supervision procedure;but from the parties and the general public's vision,he is doing petition.Judicial procedure and the system of letters and visits are a certain distinction and contact,the relationship between which is quite complex.But in the past,due to various reasons,we are unable to accurately distinguish and rationalize the relationship between the two,existing in the work of the petition(or is maintenance of stability)excessive attention,only to interfere judicial work.Fortunately,since eighteen,the CPC Central Committee put forward the basic strategy of the rule of law,in accordance with the requirements of the central authorities to imply the separation.Visits complaint letters and visits work reform,the problem of complaint letters and visits law into orbit have been resolved.Such a change of thoughts lays the foundation for us to correctly handle the relationship between the complaint and the visits,exclude the improper interference of judicial work.