A Study On The System Of Separation Of Litigation And Petition

Petition system has played a very important role in the construction of new China,which involves civil rights,fairness and justice and social harmony and other aspects;However,with the development of the rule of law in China,the petition system has caused great interference to the judicial operation,which is typically reflected in the confusion of litigation and petition,making it difficult to operate independently.In view of this situation,both the practical and academic circles are trying to explore the feasibility of separating litigation and petition.In fact,both litigation and petition belong to a dispute settlement method,they play an irreplaceable role in different situations,the two are not in essence the pros and cons,only in the case of suitable and not suitable for the difference.Therefore,the study of the separation of litigation and petition is to explore the reasonable operation of the two ways on the premise of maintaining their respective advantages,so as to achieve the mutual cooperation to promote the development of diversified dispute settlement.In 2014,the central government again issued a document emphasizing the reform of the working mechanism of letters and visits,the inclusion of legal complaint letters and visits into the orbit of the rule of law,the implementation of the separation of complaints and visits.Under the great importance of the central government,the innovation of the work system and the separation of complaints and visits has become an effective attempt to combine the traditional Chinese dispute settlement with the modern rule of law,and has far-reaching significance in theory and practice.This paper uses four chapters to analyze and explain the theory and practice of the separation of complaint and visit,and puts forward some suggestions for further reform:The first chapter introduces the connotation of the separation of complaint and visit and the historical origin of the interweaving of complaint and visit.This paper mainly expounds the meaning of the right to petition and petition,the concept and boundary of the complaint and visit,and the connotation of the separation of complaint and visit.And analyzes in detail the ancient origin of the problem of interlocution and the performance after the founding of new China.The second chapter analyzes the theoretical basis and practice of the separationof complaint and visit.In the context of " law" expansion,petition as a dispute settlement system with Chinese characteristics still has a lot of room for survival,and petition and litigation in theory can operate,cooperate with each other.In practice exploration,the central government has repeatedly stressed the reform of the petition system,clearly put forward the separation of complaints and visits,and made detailed provisions in the introduction of litigation,procedures,principles of petition work,national relief procedures.The third chapter expounds the difficulties faced by the reform of separation of complaint and visit in China.This paper mainly discusses the weakening of judicial authority,the malpractice of performance appraisal mechanism and the system loophole in the judicial system from three aspects,and analyzes the difficulties and opportunities of the separation of complaint and visit reform in China.The fourth chapter puts forward suggestions to further promote the reform of separation of complaint and visit in China.Mainly is to clear the boundaries of litigation and visits,and gradually establish a complaint lawyer agency system,the implementation of the post-judgement question answering system and improve the termination procedure under the separation of complaint and visits reform system.