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The Analysis of Formation Causes and Countermeasures of Petition Letter Concerned Lawsuits

Author: LiuKe
Tutor: JiaoBaoQian
School: Shandong University
Course: Legal
Keywords: state will petition letters concerned lawsuits credibility of justice
CLC: D926
Type: Master's thesis
Year: 2011
Downloads: 100
Quote: 0
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Abstract


The petition letters concerned lawsuits have not existed for a long time but produce a great effect in our society. It is quite necessary to do a research on it. At present the condition is serious because the huge quantity of petition letters is growing with each passing day and conflicts occurred in the treating process. Those have influences social stability and normal operation of national mechanism. In this paper formation causes of petition letters concerned lawsuits are analyzed from three aspects: state will justice and traditional culture. Generally speaking the formation causes are various and very complicated, but the above three aspects are the key for analyzing the problem.From the aspect of state’s will, although there are some prohibiting stipulations and mass-suppressing by local government, it is inevitable for the emergence and existence of the petition letters concerned lawsuits viewing from complaint reporting system setting, legal instrument values, man-ruling habits, political structure and legal mechanism. From the aspect of justice, the judicial system is designed unscientifically and sometimes localized. Law-related visits to the higher level of judicial organs with avoiding local ones is the compelled and efficient way litigants will choose in case of persecutions. In recent years the courts began its reform and strived for breakthrough. However there are many problems in the reform and petition letters concerned lawsuits became the product of reform failure. In addition, the accumulation of bad phenomena in judicial operation with the media’s exaggerated reporting leads to lower credibility of justice. These conditions have formed a vicious circle with litigant’s law-related visits. From the aspect of culture, the custom of appealing to the higher court and the powerful traditional culture make people not able to resist and give up the petition letters concerned lawsuits. What’s more, the nihilism of law and religion evolving from traditional culture adds the fuel to the flame.The disadvantages of petition letters concerned lawsuits lies in three aspects including for loss of authoritative arbiter resolving dispute in society, waste of social resources, lower efficiency and poor effectiveness. By analyzing the formation causes and disadvantages of petition letters concerned lawsuits, efficient countermeasures can be explored to limit its side effects in certain degree. And also by comparison and analysis, we can conclude that the petition letters concerned lawsuits will exist for a certain period of time but they definitely will wither away in a long run.

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