On The Improvement Of Litigation-Related Petition Mechanism Of People’s Court

Chinese society is in the stage of economic and social transformation,there are a series of economic and social problems,but the perfect,three-dimensional,multi-level economic and social dispute handling system has not been established,so a large number of disputes to the people’s court,resulting in a large number of petition-related cases.The litigation-related petition work of the people’s courts concerns the protection of the legitimate rights and interests of the people,affects the credibility of judicial organs and the harmony and stability of the whole society.Under the current management system of complaint involving lawsuit,the people’s court in the work of complaint involving lawsuit is dominated by the party committee,through policy support,and gradually establish a diversified subject of common governance,embodies the center’s work in the interests of the people’s livelihood for the purpose,this paper mainly from the following five aspects launches the research on the people’s court complaint involving lawsuit,Suggestions are put forward for improving the mechanism of handling petitions involving litigation.The first part,introduction.This paper describes the background and significance of the topic,review of the research status at home and abroad,research objectives and content,research methods and possible innovations,and gives the scientific research ideas and basic framework of the paper.The second part,the people’s court litigation petition empirical research.Based on G city court complaint involving lawsuit case for nearly three years to analyze requirements,from the case handle cases overall situation,the source,reflection type,handling On the improvement of litigation-related petition mechanism of people’s Court-Taking the litigation-related petition cases of G city court in recent three years as the research object mechanism,the results of cases in five aspects of G city court complaint involving lawsuit situation has carried on the thorough analysis,aims to find out the complaint reporting handling mechanism involving lawsuit problem,ready for the next step we will improve the mechanism of complaint involving lawsuit.The third part,the people’s court litigation petition problems.Combined with G city court complaint involving lawsuit work present situation as well as many scholars on the study of complaint involving lawsuit system,the complaint involving lawsuit currently exist the following problems:institutional mechanisms lack,partial town government governance mechanism,processing mechanism is not sound,the petition termination mechanism is not in place,ineffective supervision and so on.The fourth part,the people’s court involved in litigation petition reasons analysis.Based on the present situation and the problems of complaint involving lawsuit,causes for further analysis to the problem of complaint involving lawsuit,there are social factors,institutional factors and human factors in three aspects of reasons,and from the social foundation,historical tradition,public opinion,judicial system,handling of letters and visits,petitioner and so on complainant several angles has carried on the concrete analysis,I have a deeper understanding of petitioning.The fifth part,the people’s court to improve the countermeasures.It is mainly elaborated from six aspects:strengthening the construction of the legal system of letters and visits,strengthening the construction of internal and external linkage mechanism of letters and visits,strengthening the construction of the termination mechanism of letters and visits,strengthening the mechanisms to protect complainants’rights,improving the judicial system to serve the people,strengthening oversight mechanisms for the exercise of power.The current legal system should be improved from two aspects:the promulgation of the law on letters and visits and the formulation of the regulations on letters and visits;Improve the internal and external linkage efficiency of letters and visits from two aspects:improving the internal processing mechanism and building the external linkage resolution mechanism;We should improve the mechanism for the termination of letters and visits from six aspects:strengthening the governance of repeated letters and visits,improving the intervention mechanism of the third party forces in the termination of letters and visits,establishing the hearing and evaluation system for letters and visits,improving the punishment mechanism for entangled complaints and visits,exploring the psychological service mechanism,and implementing the principle of "no further handling of one matter";We should strengthen the protection of the petitioners’ rights from three aspects:vigorously strengthening the publicity of law popularization,improving the professional quality of judicial personnel and actively carrying out judicial assistance.The service level will be improved from two aspects:actively promoting the prosecution source management and constantly improving the judicial quality and efficiency.The supervision of power operation should be strengthened from two aspects:perfecting the restraint mechanism of judgment power and strengthening the construction of internal supervision mechanism.