On The Petition Right And The Reconstruction Of Petition System

In these years, I pay much attention to the frequent petition activities. Why do the citizens choose the way to petition to the highest organ of state power instead of reflecting the problems to the "letters and calls" department at all levels? Is it related to the desire of expression or the defect of "letters and calls" system? I turn about these questions and this thesis is the primary answer to my thinking. I deeply know it is far away from resolving problems, but I firmly believe that this thesis is a useful theory exploration and daring attempting composition. Since my knowledge is so limited, please forgive my deficiency in this thesis.Nowadays, the "letters and calls" system exists something unreasonable. Is it to abolish or change? How to change? Different scholars have different opinions. Viewing from the administrative law and political function, most of them insist that it should be reformed. I think that the revision is only superficial and can not solve the problem essentially. Mr. Yu Jianrong even despairingly affirms that the existing "letters and calls" system has lost its way to survive. However, Mr. Du Gangjian and Mr. Yang Haikun suggest that we should solve it with the constitutionalism, which also makes use of the petition right theory. Undoubtedly, it is a great change point in the history of the "letters and calls" system.Our society is experiencing the period of reform that causes some benefit conflicts; the "letters and calls" system hardly handles these problems. A lot of reports and the differences between the "letters and calls" system and the western petition systems, have indicated the "letters and calls" system which bases on supervision theory doesn't adapt to the situation any more and the reconstruction of it is a matter of great urgency.In Chapter One, I introduce the history and value of the petition right and study four mainly petition right theories, namely, suffrage theory, freedom theory, benefit right theory and supervision theory. The difference among them is the different comprehension about the essence of right. In Chapter Two, by introducing the benefit into the petition right, I define the petition right as a right of the expression of benefits and coordination of benefits. I try to reconstruct a whole theory of the right of the expression of benefits and coordination of benefits which bases on my definition of the petition right, the constitution of right, the principles and the orientation of constitutionalism. In Chapter Three, in order to draw a picture of the present "letters and calls" system, I do some investigation to find out the present situation and existing problems and I also compare the petition system between the east and the west to revel the deficit of the "letters and calls" system. According to them, I suggest that we should reconstruct the petition right theory. In Chapter Four, on the basis of the "letters and calls" system and the theory of expression of benefits and coordination of benefits, I try to construct the petition right system, including the petition procedure, petition departments and so on.It is the primary time of the study that introducing the petition right into the "letters and calls" system. To complete this thesis, I use the method of investigation and comparison.