| As an important part of China’s petition work in the new era,petition-related complaints have attracted much attention.Properly solving this part of petition cases is not only related to social harmony and stability,but also related to whether the comprehensive deepening of judicia l system reform can achieve results and whether the process of building a socialist country under the rule of law can be smoothly promoted,and whether the modernization of national governance system and governance capacity can be smoothly promoted 。 In order to properly solve the problem,the system of termination of complaint letters and visits came into being in the voice.However,in practice,the termination system of complaint letters and visits has not been well used.Many grass-roots courts have not even carried out a complete termination of complaint letters and visits cases,which is far from the original intention of the system design and the expected effect.In contrast,at this stage,the situation of complaint letters and visits is still not optimistic,and the embarrassing scenes that occur from time to time are still continuing.This contradictory phenomenon highlights that there are still many problems and obstacles to be solved in the termination of petition-related letters and visits。On the basis of in-depth investigation,using interview method and questionnaire method,starting with the investigation data,this paper analyzes and summarizes the current situation of the complaint letters and visits cases handled by Y county court from 2014 to 2018,and points out there is no substantial and complete termination of the complaint letters and visits.On this basis,we find out the reasons for the difficulty of termination: in terms of social legal factors,due to the relative lag of laws and policies in the period of social transformation,it is difficult to force the parties to apply for retrial,as well as the improper intervention of the regulatory authorities;in terms of the participants,due to the existence of various wrong perceptions of the petitione rs involved in the lawsuit,the professional ability of the court staff is insufficient and has not been real y practiced Law enforcement is for the people,the relevant departments involved in the termination of complaint letters and visits are faced with insufficient executive power;in terms of system and procedure factors,there are impacts of complaint letters and visits on judicial authorit y and termination,complicated and "harsh" procedures involved in the termination of complaint letters and visits,misleading application conditions for judicial relief,etc.According to these reasons,we should take appropriate measures to improve the system,such as establishing a system of laws and policies suited to the development of the times,establishing a system of annual reports,giving full play to the role of deputies to the National People’s Congress in legislative work;adjusting the performance evaluation system of letters and visits,establishing the linkage mechanism between departments,introducing the lawyer’s appeal system and implementing the punishment system of il egal letters and visits;optimizing the procedure,mainly optimizing the termination procedure and improving the hearing procedure;improving the procedure of trial supervision,mainly strictly delimiting the boundary between trial supervision and complaints and visits.To standardize the court’s procedure of trial supervision according to its functions and powers and improve the quality of the procuratorate’s protest retrial;to improve the quality of the participants,mainly to strengthen the competence of the interviewees and the concept of justice for the people,as well as to strengthen the legal education and interpretation of the petitioners;to increase legal aid,mainly to strengthen judicial assistance and lawyer assistance,and so on,to put forward six aspects and fifteen countermeasures and suggestions. |
PDF Full Text Request