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Research On The Mechanism Of The Complaints And Complaints

Posted on:2018-01-17Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhangFull Text:PDF
GTID:2356330542984078Subject:Law
Abstract/Summary:PDF Full Text Request
Since the period of Yao and shun China petition form,petition system in China has a history of over two thousand years,since the development of the form,content,ways of handling more and more complex,the improper disposal will ’bring great influence.In order to further regulate the petition behavior,the letters and visits should be classified into different categories.Among them,the most closely related to the judicial organs is litigation related letters and visits.In the past six years,the number of letters and visits involving lawsuits in the courts is high,showing a variety of forms,such as leapfrog visits,repeated visits,collective visits,winding visits and other disturbances,disrupting the normal judicial order.Our country is not long on the petition system end time,central political and Law Commission in 2005 first proposed the petition termination mechanism concept,the Supreme People’s court in March 2009 in the "people’s Court of the third five year reform outline(2009-2013)" put forward to perfect the petition work mechanism,Central political and Law Commission in 2014 issued a "on the establishment of law and petition matters into legal procedures of the working mechanism of opinions","on the establishment of law and petition law enforcement mechanism for error correction and defect correction guidance" and"on the perfect law and petition in accordance with the law to end system implementation opinions" three documents,as the supporting system of litigation petition mechanism the petition of the rule of law reform has entered a new period.However,at the present stage in our country there is no relevant legal petition termination mechanism,the actual operation of the lack of legal basis,resulting in a lot of complaints in the "node without end",bring huge risks to social stability,the establishment of the petition termination mechanism has important significance.This paper summarized from the history of China’s petition system summed up the concept of litigation petition,analyzes its characteristics and causes according to the existent problem of complaints,finally elaborates the significance and principles of constructing the petition termination mechanism finally put forward legislative suggestions,put forward their own views from the main responsibility,Shesu the termination mechanism by the scope,end program and related supporting systems,to explore and improve the petition mechanism to provide a reasonable path to end.
Keywords/Search Tags:Complaint letters and visits, Termination mechanism, Supporting system
PDF Full Text Request
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