A Study Of Xinfang System

More and more cases of Xinfang spring up in recent years, which leads tothe increasing work pressure of Xinfang department and endless new problems inthis field. The reform of Xinfang system then becomes a hot issue in academic field.Should we abolish or reform this system? How should we carry the reform intoexecution if it is to be taken? These bewildering questions are paid greatattention in academic field. On the studies of the social foundation and socialfunctions of Xinfang system, the author of the thesis tries to disclose the reasonswhy Xinfang system exists and the existing problems in Xinfang system and putforward a feasible proposal of the reform.This thesis consists of three chapters.Chapter One is an introduction of Xinfang and Xinfang System, which is thestarting point and precondition of the study. Xinfang is a social political activitybetween social members and the government, by which the people could reportthe truth, put forward proposals, accuse and appeal, etc. The Xinfang system is thespecific rules of Xinfang activities, which regulates the whole procedure of a Xinfangactivity from its starting to its settlement. So far,many specific systems such as registration and transfer of Xinfang cases,management by different levels and relative departments have been set up. Indifferent historical period, Xinfang system occupies a different position in thewhole national system. From 1949, when the People's Republic of China wasfounded, to 1956, when the Three Social Innovations had been completed,Xinfang system had been set up step by step. It could be considered an instrumentand way for the Communist Party and the country to reach the relative political goaland to establish a well-run society through mass movements. From 1956 to 1978the planned economy system was established in the whole nation and the statepower intervened and controlled the society in an unprecedented degree,accompanied by the fact that Xinfang system completely took place of the judicialsystem, such as prosecution and appeal, and became the only way for thecommunication between the mass and the public organs. Since 1978, with themarket-oriented reform of political and economic system, the legal systems havebeen renewed and set up and the state power has retreated in many social fields. Asa result, Xinfang system began to play a subordinate role.Chapter Two analyses the social foundations and social functions of Xinfangsystem in detail, in order to disclose the reasons why Xinfang systemcould exist and develop. At the same time, it analyses the social functions ofXinfang system and points out several systematic limitations of Xinfang systemon the comparison between its prospective functions and realistic functions. As thesocial foundation of Xinfang system, the social political and economic environmenton which Xinfang system depends on provides a realistic condition and space forthe existence and development of Xinfang system. It is composed of three parts: theeconomic foundation, the political foundation and the historical and culturalfoundation. Its economic foundation is that roughscuff need a low-cost way tomake their rights relieved; its political foundation is that there are some defects inthe existing election system, administration system, judicial system andfree-speaking system; its historical and cultural foundation is that Xinfang systeminherits some special historical and cultural traditions in our country. The socialfunctions of Xinfang system refer to its social effect, which could be researched fromtwo aspects: the prospective function and the realistic function. In practice there is ahuge distance between the two functions, which could be contributed to thedefects of Xinfang system.Chapter Three introduces the reform of Xinfang system from threeaspects: the direction, principles and measures of the reform. The long...