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Legal Consideration on Complaints Concerning Law and Litigation

Author: SongJunJun
Tutor: LiuBinBin
School: Lanzhou University
Course: Legal
Keywords: the issue of petition complaints concerning law and litigation Law contemplation
CLC: D632.8
Type: Master's thesis
Year: 2010
Downloads: 287
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Abstract


As one of the disputes the issue of complaints concerning law and litigation is not only a social phenomenon, but it also is a complex practical topic. Therefore, in accordance with the relative law and policy, how to properly resolve this issue is closely related to the stability of the reform and the development of the nation, as well as the process of ruling the country by law. The analysis of the problem and the solution of this issue is a systematic project, which requires the scientific method, rational thought, and pragmatic attitude from a legal point of view. The issue of complaints concerning law and litigation has to be properly addressed to the maximum effect from the theory and practice, from the status and trends, from the law and inspiration, and from more understanding.The thesis is divided into five chapters. Chapter is about an overview of the issue of complaints concerning law and litigation, and it mainly elaborates the definition of this issue, and the similarities and differences between complaints concerning law and litigation and petition, and it also specifies the main features, components, types, history, the basic state, the limitations of the existing system, the tendency of the current work and the issues of development.Chapter two is about the analysis on the reasons of the issue of complaints concerning law and litigation. The objective reason is a comprehensive reflection on the economy, politics, culture, law and many other factors. The subjective reason is due to the own factors in the political and legal authorities and among police officers and parties.Chapter three is about the comparison and the inspiration. The similar problems of the major western countries will be described. The history and the current situation of the mediation system of China will also be concerned, and the focus will be an analysis of the necessary existence of the mediation and litigation in China. At last, the inspiration will be drawn from the comparison of similarities and differences between the two systems.Chapter four is the relative contemplation on law. It mainly elaborates the legal nature, major forms, possible legal issues of the complaints concerning law and litigation. Then the rights analysis will focus on the legitimacy and positive aspects, illegality and negative nature, jurisprudence and law evaluation, and such rights attempts to express freedom, fairness and justice.Chapter five is about the strategies and countermeasures. Solving the issue of complaints concerning law and litigation is a huge and systematic project. In the short-term perspective, the quantity of petition has to be controlled to the minimum, and in the long-term perspective, the reasonable standard and guidance for its operation is greatly necessary. On the basis of the partial and the overall situation, the work of the complaints concerning law and litigation has to be planned and promoted. The thesis proposes the overall idea and immediate objectives of the complaints concerning law and litigation in the current even future period. The strategic tactics are to stick to the policy of ruling the country by law, to promote the complaints concerning law and litigation develop towards the legal direction, to firmly establish the authority of the judiciary, and to further promote the reform of judicial system and working mechanism. The basic tactics are to make decision mainly according to scientific and democratic law, to firmly establish the correct concept, to strengthen education, and promote fair and honest law enforcement. The practical tactics are to establish sound and comprehensive mechanism to effectively solve practical problems, to improve and perfect the grass-roots mechanism to solve the problems in the initial state, to improve and perfect the expression mechanism to ensure the legitimate rights of the parties, to improve and perfect the inspection and evaluation mechanisms to promote the work to develop in depth, and to improve and perfect the legal aid mechanism to maximize the rights of the vulnerable groups.Some contributions will be expected in this thesis to properly resolve the issue of complaints concerning law and litigation in accordance with law, to protect the people’s legitimate rights and interests, to promote social harmony and stability, and to promote the process of the socialist country ruled by law.

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CLC: > Political, legal > China's political > State administration > Civil Affairs > Petition work
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