Citizens The Right To Express Its Mechanism Is Constructed

Chinese letters and visits (the Chinese word 'Xinfang') system played an important role in so many fields, such as contacting the people's situations, mollifying the clashes, solving the problems and offering the referred information for the policies deciders. However, the substances and impacts involving these practices had been against the original ideas of the designers who created the letters and visits system since the middle of 80's in twenty century. The increasing climax of 'Xinfang' in several years which symbolized as the larger scales of collective appealing, grieving or protesting (the Chinese word 'Shangfang') and the radical expressing ways of individual's 'Shangfang' has not been ebbing away significantly, which become the major factor that undermine the harmony of Chinese society. It is the incurable pain for both some of Chinese people and some of the departments of Chinese government, which is the 'fashionable star' of social focus and puzzle in new century's China that is emphasizing and questing by the central committee of C.C.P, the provincial governments, the communities and even the every classes from different levels and perspectives. On the contrary, the overwhelming attentions did not obstacle the marches of 'Shangfang' effectively and satisfactorily. So as a whole, more and more problems are emerging in the practices of 'Xinfang', which make it an urge for deeply theorized researches.'Xinfang' is a channel to announce civil rights meanwhile it is a mechanism to hear voices from people. The crucial diversity of the mechanisms of protecting rights and of protecting benefits is the substance, which the formal is defined as the legal benefits that is more definite and more practicable. However, not only the operating of this mechanism today is not optimistic which is full of wrong-allocating functions and leakages of interrelated laws and regulations, but the great many of problems in this system have damaged itself. The erupting of 'Xinfang' should be taken as the alert to the current systems of China. Nevertheless the social contradictions of China have not been uncompromised; the trends have illustrated the dangers and worries.Taking Hou Yubao as a archetype, an ordinary person living in the northwest village in China who is racking in a more than decade movement of 'Xinfang' has show us the panorama of individual's 'Shangfang' picturesquely. With the reviews and outlooks of his experiences, we find that the dilemma between the root-governments and their higher authorities and the sequence of those appealing in which rights announcers could not get the satisfied 'answers' in China. In the last, a right way to express their rights alienated an extreme way to restraining the 'mob's excess desires in the bilateral exhaustion that never be the win-win situation for both the visitors and governments. When the activity of 'Xinfang' goes to an extreme, there will be no winner between visitors and the government.The event of Hou Yubao is the past-time, and the long winding way of Chinese 'Xinfang' still remains ahead. 'How and where shall we go' is the most regardful question for every visitor. Facing the eruptions of 'Xinfang' burst, the root-governments as the social boundaries of the public and authorities should make their urgent choices, such as 'Guiyang's and Shenhe's model' or 'Xuhui's and Dehong's experiences' and 'the building of information platform of 'Xinfang" or 'the realization of envoy of harmony' system, and explore the every stones and every traps, which help to review and find the direction of 'Xinfang' in every steps.Furthermore, the procedural justice is a basic precondition of 'Xinfang'. The future of 'Xinfang' depends on constituting the just procedures of 'Xinfang' system form which is the content result for visitors and those whoever effort on the practice of 'Xinfang'.Another conception that assists to reform 'Xinfang' system under the idea of procedural justice is the professionalism of 'Xinfang'. This kind of professionalism promotes its strategies which are not only on the professional organization and systematic construction but also the personnel and innovations. A game theory using in one 'Shangfang', the governments may make a wisest options that benefit most from this professionalism established successfully. Probably, the professionalism of 'Xinfang' is not the nostrum and also the provincial experience is not the axiom. Whatever, to a carry-outer of 'Xinfang' in local government, the way to the professionalism of 'Xinfang' is the best summary of basic practices and appeals to the reform of Chinese letters and visits system.The last motif of this paper discussed is whether 'Xinfang' correspond to the principles of 'rule of law', or not? As we know, the clashes and contradictions are the unavoidable problems in a mature social system and handling or mollifying these conflicts is the basic point of social control. 'One way street' cannot dredge all the 'traffic jams'. 'Xinfang' as one of the social pre-alarm works that based on the modern techniques, materials and social organizations is the functional innovation of its own system and the powerful measure of the proper solution of social collisions. Therefore, 'rule of law' is not born to contradict 'Xinfang' and 'Xinfang' is not equal to 'autocracy' inevitably. Some of 'extreme events' are not representing the average 'Xinfang' events as the Chinese's daily lives. Even if we are approaching the 'rule of law', 'Xinfang' as the appealing mechanism of civil rights surely will find his niche in the 'rule of law', especially in such a peculiar cultural characteristic country, China.