China's Petition System Function Of The Right Relief

Along with the continuous deepening of reforms, the diversification of interests and the interests of the adjustment, The main sense of the masses and the rights of enhanced awareness, thus generating plenty of interest mainly for the social contradictions and disputes. Relief as a way of a formal judicial relief is a modern country with the rule of law the rights of the most important means of relief. However, because of China's rule of law is imperfect, and the deep-rooted sense of the rule of man, justice is not favored by the masses. Conversely, as a supplementary means of administrative relief to the petitioners, their simple, economical, effective, comprehensive features, was generally considered to be superior to other administrative or judicial relief to a special relief, Therefore a large number of social contradictions and disputes influx of channels for petitioning, including those that should be resolved in the legal contradictions and disputes. It is in this social context, the petition system has been entrusted with the right to an unprecedented relief promised system has difficulty carrying out the embarrassment. Petition work has shown a total continues to rise, the form of complex and diverse, covering a broad area, the difficulty in handling the situation. However, as the petition system of their own weaknesses, the lack of authoritative and binding, often placed in a passive state.Recalling the history of the petition system, we can see that from the beginning of the design of the Secretary role Now as superior to the masses as other administrative or judicial relief relief the last one life-saving straw, Petition sector in a great position in error. However, our system did not petition with the environmental change. Petition against actual operating system on the contradictions, two theorists have different perspectives. A petition of relief that weakened the authority of the judicial relief, in favor of lifting the petition system, strengthen judicial relief. Another petition advocates perfect system, the strengthening Petition authority. While experts and scholars on this subject, in 2005 the State Council promulgated the newly amended "visits" from the statutory level for the petition system and the improvement of the foundation stone. Of course, modern country with the rule of law, judicial relief may not be the best way to the dispute, nor is the preferred way. Vigorously promoting the rule of law in the building today, We can not unilaterally make all disputes and contradictions into legal channels to resolve, This is a shallow understanding of the rule of law. Even in the developed Western nations, favors improve judicial avenues for relief means through social autonomy to strengthen the capacity to resolve their own disputes.Therefore, at present, or must be given the right to petition system functions relief, given the corresponding legal status and mandate. perfect compatible with the operating system, while building the party and government, the people's congress, judicial three-dimensional pattern of the petition, Class action cases will be incorporated judicial petition, in order to establish the ultimate judicial authority. In the long run, the right to build diversified relief system, and give full play different forms of relief active role from different channels decomposition and handling social contradictions, the rule of law is the direction of development. Relief in the right framework, the right to justice as the core, rely mainly on the judiciary through legal channels to solve most conflicts; Meanwhile, party and government organizations rely on the channels through petition reflect resolve contradictions small part of the "cushion"; Finally, the active mass self-government organizations, social organizations, make full use of mediation means for the parties to create the conditions for reconciliation.