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Introduction to People's Court Litigation Petition control

Author: LiXinJun From: www.yourpaper.net Posted: 2007-11-21 02:48:41 Read:
[Summary]: This paper analyzes the Complaint Letters and Visits ability to work in the people's court, letters and visits from the concepts and systems theoretical level seminar petition work the problems and try to find contradictions, protrusions and guide interest rates v. ended visit embedded point. A brief overview of the connotation of court petition work, outreach, legal system and its significance, architecture and its methods, from source control, total control, emergency control and internal operation control point to explore parallel operation with the court system Trial Process Management the Petition Process Management system, highlighting Complaint Letters and Visits retrial pre-programmed performance, enhance the role and status of the petition work in the People's Court trial, the theoretical basis of the innovative the Petition control of sociology. As a starting point, the petition work into court trial management mechanism, the creation of the trial court oversight of new channels and new ways to develop a more scientific Petition control several theoretical models, so that the people's courts at various levels in the petition staff petition practical activities to learn and use.
Keywords: Complaint Letters and Visits control flow program
Complaint Letters and Visits third person other than the parties to the case and the case after the people's court filing admissibility hearing or enforce, through letters and visits by state organs at all levels and the people's court, to take grievances to the authorities to tell, requirements affirm, reverse, the change judge the results of the people's court and the urge to fulfill or to stop to fulfill the implementation of the contents of the letters and visits from behavior. So-called theory of Complaint Letters and Visits control, is built on the basis of the People's Court trial, petition procedures caused by a third party other than the parties to the case or cases, the specialized agencies of the People's Court ultimately be accepted tell the complaint, and in accordance with relevant laws and The regulations make a deal with the petition of the conclusions are the subject regulation processing system. The subject matter of this petition, you must have the legitimacy of the party applying for the subject, and to apply for the legitimacy of the content, to the exclusive jurisdiction of the People's Court, the parties behavior the controllability and legal compensatory elements.
The Lawsuit has the following basic features: (a) the occurrence of the case. Define whether the Lawsuit, must see that there is no occurrence of specific cases, and belonged to the jurisdiction of the People's Court; (b) a statutory subject matter. Appeals and applications for retrial content must be based on objective facts has occurred within the jurisdiction of the terms of reference of the People's Court; (c) the main responsibility. That the complaint or the complaint the matter content must be in charge of which the People's Court; (d) there is an explicit request. Petition parties must be clear to tell what, what is the content and the object of the claim of the complaint; (e) results. Litigation Petition important feature is the results, the results of the act or omission of the people's court, whether beyond the terms of reference. Simple petition to the People's Court of the reception department consult with legal knowledge and to understand the progress of the case, as well as the superior authority requires query and supervise the handling of the case, does not constitute a petition before the occurrence of the relevant tribunal room. (F) to the state organs by the People's Court handling. That there must be letters and visits behavior the parties judge accused of crimes and prosecution of behavior, compared with atypical sense Complaint Letters and Visits.
Complaint Letters and Visits: the rule of law and its meaning
(A) the causes and viewpoints Series Lawsuit
I believe that, since the founding of the People's Republic of China, the history of our country, there have been two very obvious the petitioners peak stage. The first peak value occurred after the end of the Cultural Revolution, during this period the legal system is not perfect, but legal awareness in all sectors of society widely sprout, the functional role of people's courts gradually attention. The second occurrence of the peak value of the nineties, the national political and economic reform entered a crucial stage. This period, due to the adjustment of economic structure, social conflicts intensified, an increase in laid-off workers, as well as the unfair distribution of benefits and increase the gap between rich and poor, rural social groups and unstable factors across the country has urgent need to deal with a large number of complaint cases, the formation of a significant social pressure .
It should be noted that the trend more case letters, still belongs to the second peak period, but the tide of danger to society stage of, need to be carefully verified. Looking at the reasons for the formation of the Lawsuit, and together the following viewpoints: 1, interests said. The people who hold this view believe that the acquisition of all rights, is the result of the redistribution of various interests, without the right to the interests of the acquisition of an interest, on behalf of the social status of the community of interests. See from the the Lawsuit research results, the majority of Complaint Letters and Visits primordial interests of the parties are subject to varying degrees of damage of the other interest groups, and the realization of their own interests, must be with the petition and get serious concern of the superior authorities. Interests from the balance of each class of equity perspective on petition work has a certain practical significance. 2, the right to say. The people who hold this view believe that, in accordance with the relevant provisions of China's Constitution, the masses of the people to reflect the freedom of the problem to the state organs. This freedom within the scope of the law, any person who can not be stopped or the use of, not subject to interference by outside the law of the state organs, enterprises, departments and individuals will. Law the masses of the people have the right to petition the units and departments must conscientiously accept the petition handling complaint cases in a timely manner, and the obligation to inform treatment results Petition parties. The right to say that the to retrieve the petition work itself, from the point of view of the law of faith has a certain positive significance. 3, the society said. The people who hold this view believe that, from the complexity of the social and human social groups have injustice, social injustice will be caused by the mass petition, which is a dialectical relationship. Complex society is a catch-all, and a variety of interests and rights are intertwined, there can be a completely fair and justice. Complaint Letters and Visits the main parties in the process of social contradictions burst contradiction temporarily shelved in favor of the request to higher authorities handling, is the main reason for the formation of the high Lawsuit. This point of view, but from the complexity of the social relations, looking for the way the case letters, with certain limitations. 4, the intensification of conflicts. The people who hold this view believe that everything Lawsuit generation are the inevitable result, judicial judicial and petition between the parties, the main showdown with the intensification of the contradictions can not shirk its responsibility.
(B) Lawsuit of the present situation and perspectives Series
1, the system is missing its evaluation.
A case in point. Complaint Letters and Visits prominent litigation "fundamental, otherwise its foundation, therefore, the Court petition must be served by the trial qualified judges. Personnel review process without trial qualified judges to the contractor and the entry into force of the cases, with great randomness is also irresponsible to judge system is blatant flouting of the legal system.
Illustration of two. Litigation petition system should be derived from the internal oversight of the trials, the pre-trial work, the design of preventive and restore law and order. But the current system Petition agency is set to internal administrative department of the court, which is improper.
Illustration of three. Examine the the Lawsuit nature, like should be closely related to the functions of the powers of the appellate court, a higher court can not shirk its responsibility. This work is completed by the appellate court, more authoritative, and easy for the parties income v. stop visit.
Illustration of four. Great importance to the trial process management, and neglect petition process management. Supervision of the day-to-day because the lack of available rely on the petition process technology platform, arbitrary large, evading lack of personnel, time limit tracking processing means such as the legality of the hearing, the majority decision on the matter, such as a notice like the lack of legal effect performance no major unexpected events have laws expressly approved disposal mechanism and decisive way.
2, to Mistrust its evaluation.
A case in point. Supreme Court in trial practice activities, casual issued for certain types or the specific enterprise protective file, of these frequent issued protective documents seem to produce within the justice system, and the influence and retroactive effect, far in the trial outside the system. The original intention of the Supreme Court of the development of such documents, perhaps for social stability, the need for a period of time within an enterprise to take legal means to protect, not only embodies the superiority of the national system, and also showed the overall economic situation of the people's court services requirements. However, the Supreme Court developed and implemented explanatory and protection documents, and must not be built on intentional violation of a universally binding law, on the basis of judicial interpretation of the normative legal provisions, the law has been developed and implemented, anyone must be in accordance with the set rules seriously implement, no one without the outer. To protect an enterprise in the special case of the form, both destruction law overall is suspected, caused by leading by example, and still can not get rid of the local judicial protection in the formation of many.
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