Analysis Of Petition System

As a relief system of human rights with Chinese characteristics, petition arose out of the background of the right to relief and a lack of dispute resolution mechanism. More than 50 years, petition has played an important role in reflecting the voice of the masses and solving their problems, mediating disputes and conflicts. But after the establishment and sound performance of the mediation, arbitration, reconsideration, and legal systems, the petition system faced with a predicament. There are also problems and challenges to the NPC petition work. From the legal point of view, further study of the function and role of the petition as a dispute settlement mechanism should be done.1.A petition system outlinedThis section sets out the features, form, and content of petition, as well as the components of petition system.Petition refers to the activities that people reflect their wishes and demands by using the form of writing a letter or petitioning to the party, state organs, social organizations and their staff and the wishes and demands can be deal with by relevant organizations. In recent years, the activities of petition are active and the content of petitioner is cumbersome. Petition can be roughly divided into three types of categories as the type of participation, the type of petition and the type of litigation. The petition activities is a systematic method by which the party and state organs ties with the people and it is an important means of citizen participation in political affairs, expressing their interests, and supervision of public power. It has played a positive role to resolve contradictions, maintaining social stability.Petition as a dispute settlement mechanism, are attracting increasing attention. At present, the petition system is still at the exploratory stage. Petition work functions, objects, nature, modalities, and the creation of the provisions of the petition system is an important component part. According to China's Constitution and the law, in the author's view, the petition system should be carried out on the following five aspects more clearly defined: the function of petition work are mainly linked to of the people, and listening to the views and suggestions of the masses, supplemented by resolution of disputes for relief; Petition positions the nature of the petition work mainly for relief, supplemented by implementing supervision; petition work object to improper administrative, judicial acts mainly to illegal administrative, judicial acts as supplementary. Petition work indirect way to deal with the main location, supplemented by direct processing; the petition should be located in the NPC Standing Committee, and should be relatively independent.2. The plight and the problems the petition system facing and the debate about the retention or abolition of the petition system.The plight of the petition system, the first is the right of petition agencies is light weight, the petition agencies incorrect offside are common occurrences. Second, the structure of petition work is breakdown loose and the responsibility is not unclear. Third, it is too much emphasis on "local management and graded responsibility" and "whoever is in charge and who is responsible for" the principle of the petition work could not be fulfilled in the petition and resolution of the problem. Fourth, the petition system and the system of administration, the judicial system exists duplication and conflict. Fifth, letters and visits is plug, contradictions accumulation, the petition inefficient.The petition system advocated abolition of the main reasons is: the petition system is unsound, the function incorrect deletion procedures, the petition system in favor of retaining the main reasons are: the petition is a constitutional right, is a means of monitoring public power, is the information source of the anti-corruption campaign. This paper illustrates the challenges the petition system facing, as well as the community's concern on the petition system.3. The rationality and necessity of the existence of the petition systemThrough previous expositions, author believes that the petition system as a supplement to the judicial system and the judicial system together to form a two relief channels for the citizens. From the practice of current petition system, the petition continues to be strengthening. 4. Reform and innovation of the Petition SystemThis is the most important part of this paper.(1) These beneficial explorations of the developed countries provide reference for China's reform and perfection of the petition system, but in different systems and national conditions, different legal constitutional system and the political and cultural environment, the petition system is different, which our country can not copy from. The author believes that the petition system in the history of New China played an important role, especially in an era when the administrative review, administrative litigation system, the state compensation system, and arbitration system have not been formally established and perfected in China, in the new China petition system is an important system, even in the present China, the judicial system is important, but it is not a panacea, and the judicial system could not hear and resolve all the problems. On the contrary problems which can not be solved by judicial system can be solved through the petition system. Since special petition system has its special functions, it can not be abolished. Currently, the petition should be planned and designed as a dispute settlement mechanism together with conciliation, arbitration, litigation, administrative ruling system and the like.Petition problem is comprehensive reflection of China's political, economic and social problems, the petition system should be adjusted to our constitutional system, a democratic environment and the rule of law compatible objectives, and the reform of the petition system should be combined with China's reform of the political system and other reforms. As the party's leadership position and the authority of the National People's Congress, the author recommended that under the party's leadership, and establishing the People's Congress system petition system, rationalize the relationship between the state organs at all levels, so that state organs at all levels share the responsibility, in accordance with the law on a policy to solve the problem of various petitioners.(2) Petition reform of the system and innovation of ideas and visionIn my view, should be under the party's leadership, and establishing the People's Congress system petition system, strengthen the building of the NPC petition agencies to petition agencies to become the people's congresses at all levels of work departments, agencies rely on the petition work functions of the National People's Congress, the masses of the admissibility of letters and visits from the people's congresses of the "one government, two houses "oversight combined.The author recommended that the petition system progressive reform and innovation, and establish a clear positioning, accountable, efficient and convenient systematized, standardized and institutionalized the petition system.This pattern is consistent with the Constitution and the law, and it conforms to China's present constitutional system. This pattern helps develop the function of petition contacting with the people and helps develop the supervisory role of the people's congress to play on the "government, two houses,", is beneficial to promoting petition work of "local management and graded responsibility" principle, to petition work to institutionalize the rule of law and development.(3) The petition system reform and innovative waysâ‘ In the near term, work on institutional reform petition, the petitioner resources integration, correctly defined the role of the field of the petition, the petition procedures enacted law, reform the NPC petition processing mode, unimpeded through letters and visits, in carrying out the sunshine petition.â‘¡In the medium term, the abolition of "one government, two houses" and the executive branch of the petition agencies, the National People's Congress could be classified as management.â‘¢In the long run, the National People's Congress to establish complaint Inspection Commission, the complaint inspection commission to assist the Standing Committee of the "one government, two houses" to conduct a comprehensive supervision, and to provide an easy and efficient relief to the people.