The Study On Legal Management Of Petition Involved Lawsuit

The system of complaint petition has played an important role in safeguarding the legitimate rights and interests of the public since its very beginning,but it has also seriously deteriorated the situation of the court's handling of complaint petition in China,particularly the severely damaged judicial procedure and weakened judicial authority,which indeed makes it difficult to implement the strategy of ruling the country by law.Based on the current situation of the complaint petition system in our country,and combined with the current fundamental realities of the country,this paper analyzes and sums up the characteristics and problems of the governance of complaint petition in our country by means of in-depth investigation and research,panel discussion,literature review and so on,trying to explore the legalization-oriented path of governing the complaint petition.The research contents include: expounding the concept and characteristics of the complaint petition,analyzing the necessity and inevitability of ruling by law,and the analysis of the existing problems in the legalization of governing the complaint petitions and discussion on the legalization path of governing complaint petition from the perspective of systematic engineering.The core ideas of this paper include:(1)The problem of complaint petition is an endogenous issue of the society and institutional structure of China.The solution to this problem cannot be limited to complaint petition itself,but must be observed in the overall framework of national governance.(2)The construction of the legalization of complaint petition is of great significance in terms of the social harmony and stability,the maintenance of judicial authority and the promotion of citizens' ideas of the rule of law;Complaints petitions have the characteristics of judicial proceedings,which should be handled by the People's Court according to the law.(3)In the process of the legalization of complaints petition,we should cultivate the citizen's awareness of the rule of law and establish all-round laws and regulations from the perspective of systematic engineering,and simultaneously start from the source of complaint petition,separate “complaint” from "petition" based on the just claim,and establish a matter-by-case procedure and related safeguard mechanism concerning the different natures of "complaints".(4)Establishing an acceptance mechanism of the legalization of complaint petition from the three aspects: the subjects of complaint petition,the review process of the acceptance and the relief of those not accepted.The first instance court accepting the case is the jurisdiction institution to handle the complaint petition.After entering the judicial practice,those complaint petitions should be separated according to the existence of efficient judicial documents from People's Court.Building a system of the end of public hearing.Those petitioners who disrupt judicial order shall be held accountable under the law by building a punishment system with reference to the system of handling obstruction of judicial procedures.