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The Predicament and Solution to the System of Lawsuit and Letters and Calls

Author: ZhangZhiZuo
Tutor: ZhangZuo
School: Xiamen University
Course: Procedural Law
Keywords: Lawsuit and Letters and Calls (LLC) The System Predicament Way out
CLC: D926
Type: Master's thesis
Year: 2009
Downloads: 795
Quote: 10
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Abstract


Because of the history and organization,the system of lawsuit and letters and Calls(LLC) was embedded in the tradition judicial structure from the beginning.This system plays an important role,when our judicial structure has been not established. However,our courts encounter a gravely situation about the LLC at present.The phenomenon which the party "believe the letters and calls but not believe the law" is an old story,it interferes in independence of judicial structure,weakening their authority,become a big obstacle which hinders the further justice reform.My paper proceed from analysis the cause of the party "believe the letters and calls but not believe the law",and then interpret the system predicament which LLC encounter in current,integrate the views of academia and practical circle about this problems,and give my opinions in the end.The paper has five chapters.Chapter 1 introduces the object of study.This chapter defines the concept and interprets the history of LLC,introduces the object of study simply,and points out the problems which LLC encounter in current.Chapter 2 analyzes the motive reasons of LLC.First of all,analyzing the complainants’ the social class and survival condition,and then,analyzing the complainants’ inside and outside motive reasons,pointing out that in base of the requirement of interest expressing,traditional values,and the mechanism of reputation in rural society,to bring out the inherent motive force;in base of unbalanced legal consciousness,and the crisis of confidence between the complainants and judicial authority,to led to the judicial structure can not meet the requirement of the complainants. Therefore,resulting in the complainants "believe the letters and calls but not believe the law".Chapter 3 analyzes the system predicament which LLC encounter in current.First of all,analyzing the shape of predicament is that the result of gaming between the complainants and state organs.Secondly,pointing out the predicament still to appear in the logical paradox of systems,assuming that the contradiction between the LLC’s administrative logic and judicial logic,between the LLC’s function of the politics and law and the contemporary justice idea.Finally,indicating that the idea of Rule of man and Rule of law which have nature different in two are not mutually exclusive and opposite,but may complement each other.Chapter 4 analyzes and evaluates the argument in academia circle and the reform measures in practice.Indicating that the LLC should not be strengthened,and the function of LLC’s right remedy should not be abolished.However,we should reform the LLC by rule of law in view of the multi-pronged dispute resolutions.About the reforms in the practice,indicating that many measures have relief the presses which LLC bring out,but not ultimate resolute the predicament,moreover,aggravate the administrative and governing in justice.Chapter 5 indicates the point of view in this paper.First and foremost,our judicial reforms should aim at meeting the demand for public,and move it in gradual and responsive;secondly,reform the proceedings systems which are relate with LLC, effectively to solute the presses which the soaring LLC cases bring out;finally, indicating that we should reform the LLC by rule of law in view of the multi-pronged dispute resolutions.

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CLC: > Political, legal > Legal > Chinese law > Justice system
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