Legalization Of The Petition System

In modern china, one of the urgent and difficult issues is how to face the petition system and make it institutionalized. Since Chinese reforming and opening-up, our country recently has entered to a period of profound social transformation. As a result, a great amount of social confrontation, conflicts and disorder are reflected through the channel of letters and visits. We also realize that this problem no longer lies on the petition system itself but fully reflects a comprehensive situation. While people are actively engaged in speaking out their mind through letters and visits, our petition system still has much to improve. On one hand, petition system cannot achieve a good result in ironing out the contradiction itself, which reflects its lack of functional legality; on the other hand, the current development of petition system is not in accordance with the direction of promoting rule of law, which reflects its lack of legal principle. In particular, when the petition system is intensified to improve its effect, it is more drifted away from that of promoting rule of law. And when the petition system is weakened to promote the rule of law, the effect of petition system is further reduced.As for solving the paradox of petition system, there are two completely opposite views:one is to abolish the petition system, and the other is to strengthen it. However, this paper deems that we should strike a balance between intensification and abolishment, and therefore develop a petition system with Chinese characteristics. We should neither exaggerate nor totally deny the function of petition system. Currently, our judicial system is far from being perfect; the relevant reforms are yet to put in place; and the maintenance of power balance and social justice still falls behind. As a supplement and remedy, the petition system has the long-standing necessity in resolving the conflicts and safeguarding people’s benefits. At the same time, we should ignore the destructive effect of petition system on the rule of law, only because the petition system has played a practical role in addressing the social problems. Therefore, this paper considers that people who want to abolish the petition system only focus their attention on procedural rule of law and ignore the substantive rule of law. While, those who want to strengthen it only consider the administering function of petition system based on the substantive rule of law, and overlook its destructive role to the structure and function of the procedural rule of law in an objective manner. Essentially, the petition system is a political system with Chinese characteristics, and it will play an important role in promoting the development of Chinese democracy and rule of law. At present, we should evaluate and reform the petition system from the two approaches of procedural rule of law and substantive rule of law. This not only constructs a base for an effective, sound and scientific petition system, but also establishes a foundation for a responsible government ruled by law and a harmonious society. Therefore, on the basis of precedent and current achievements related, and in line with the writer’s long-time experience as a government official in charge of the petition work, this paper makes a research on the issue of petition system’s approach to the rule of law under the modern Chinese background to clarify its own consideration on the historic position and reform of petition system.In a gradual deep-going way, this paper is divided into seven chapters as follows:First, introduction. It introduces the origin, related concepts and theories of the study. And, in particular, by making an in-depth study of current research work of both home and abroad, it highlights writer’s new viewpoint and brings about the deficiency.Second, historical evolution and origin of Chinese modern petition system. This paper explores the origin and development of the petition system, and points out that the petition system is a unique local system with Chinese characteristics, influenced both by Chinese traditional culture and realistic conditions.Third, the social value of petition system. On the basis of the perception focusing on the substantive law, it gives priority to "five conducive", namely, conducive to the protection of people’s rights, conducive to the realization of people’s democracy, conducive to the restriction of the power of government, conducive to the implementation of Party’s mass line, and conducive to social stability.Fourth, the dilemmas of Chinese petition system in many aspects. The current petition system tends to make people depend on it instead of law. And as a result, the regular judicial resource is set aside and the principle of judicial independence is violated. It will also result in interfering with the formation of awareness of basic rights enjoyed by the modern citizens, promoting the ideology of "monarch and his subjects" as well as "upright officials". And moreover, the petition system will make the contradiction much acuter between the increasing demand of letters and visits and its lack of ability for solving problems. At the same time, the letters and visits paradox is taking shape. When the petition system is intensified to improve its effect, its legal principle and legality are questioned; and when the petition system is weakened to promote the spirit of rule of law, the functional legality is challenged.Fifth, reform the petition system on the basis of rule of law. By referring to the related experience of foreign countries, this chapter asserts that the current petition system should be reformed on the basis of rule of law in order to solve the dilemma. There are two channels for the reform and improvement. First, as a supplementary system, the petition system should maintain its existence and development by depending on the major system—rule of law, whose core is the system of National People’s Congress and Judicial System. Therefore, in China, the key task is still to continuously invigorate the rule of law. Without it, the petition system will lose its base and go nowhere. Second, as a supplementary system, the petition system should be reformed in a thorough way based on the rule of law. Currently, when reforming the petition system, we should observe the principle of reducing by the greatest extend the impairment on the position and authority of rule of law. In the long run, with the improvement of rule of law, the petition system will develop into a parallel internal part of the system of rule of law, and acquire a brand-new mode and vitality.Sixth, the transformation of the external environment of the petition system. The vitality of petition system lies on the historical and practical environment focusing on the rule of law, instead of its logic. In order to enhance the reform on petition system under the rule of law, the modern China needs to improve the legal environment by working on the five following aspects:promoting the construction of political environment for petition system, enhancing its judiciary environment for petition system, increasing people’s rational awareness of rule of law, and promoting the efforts of local government on advancing rule of law.Seventh, conclusion. Sum up the basic content and main features and provide more space for further research...