| The management of litigation-related xinfang (petitions by letter and visit) is an interactive process between legal, administrative and economic regulatory mechanisms and their legitimacy bases. The "comprehensive regulatory mechanism based on performance legitimacy" had solved many litigation-related xinfang cases during the period between 1978 and late 1980s, but due to the mix-up of legal and non-legal mechanisms, it was increasingly unable to keep up with the development of practice. Therefore, since the beginning of the 1990s, great efforts had been made to improve legal regulatory mechanism and establish procedural legitimacy. However, influenced by such factors as the overall mode of state governance, the xinfang system and judicial policy, the handling of litigation-related xinfang cases in practice was mainly based on performance legitimacy, which has caused undesirable results and repeated adjustments of governance policies. Considering the current social conditions and the governance capacity, "legal regulatory mechanism based on procedural legitimacy" is unrealistic. The plan for the reform of litigation-related xinfang system since the 18th CPC National Congress could be interpreted as the plan for the establishment of a "comprehensive regulatory mechanism based on procedural legitimacy", which can exercise control over and give full play to various regulatory mechanisms and legitimacy bases, thereby forming a sustainable and regular model of handling of litigation-related xinfang cases. |
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