Study On Complaints By Correspondence And Right To Petition

Recently, along with the reform and open policy unceasingly deepening, our country has got into a relatively active time of Populace's complaints by correspondence. Problems reflected by the complaints have caused all walks of life to discuss and reconsider the complaints by correspondence system. Many scholars insist on separation of right relief function of complaints by correspondence or thorough abolition of this system. Thus the issues of whether citizen have constitutional right to seek relief through complaint by correspondence, what is the value of this system, how to reform it and how to solve the problem of complaint by correspondence have become important question of discussion of recent study.From the literature of this subject, most of scholars only studied the body of complaint by correspondence system. Starting with the study of article 41 of our country's Constitution, the author attempts to study the complaint by correspondence system with a way different from other scholars'. The main views of the paper are as follows: First, the author thinks that the legal nature of citizen'right of criticism, suggestion, appeal, complain, and accusation is the right of petition in the tradition constitution study rather than the right of supervision. The author also suggests that the right of petition is identical with complaint by correspondence of our country in essence, which clarifies the constitutional foundation of citizen's right of complaint by correspondence and system of it. Second, the paper clarifies the domestic fuzzy understanding to the connotation and characteristic of the petition right and so on. The author finds that petition right is one that is universally approved by world domestic countries and the international human rights joint pledge. The system of complaint by correspondence is by no means China characteristic. We should reform the inquiry system of our country through study and absorption of petition right.Third, through the research and the comparative analysis to the petition right, the author regards that the main reason that the inquiry becomes an important factor influencing social stability is our country hasn't truly established the socialist democratic politics and the suing channel has impeded and monotoned. The real way to solve the problem lies on consummating the National People's Congress system, fully safeguarding the rights of citizen speech freedom and parade and demonstration. The legal system should also be improved and the developed socialism democratic politics need be truly established.