The Analysis Of The Reforming Path Of Petition System In Transition Period

The petition system is a political invention of the Communist Party of China after the establishment of the new regime; it has great contractions with Chinese political and legal tradition. If it is said that it has been tamed and can safely carry out their mission of the political system in the past more than half a century,then since the beginning of the 1990s,with the increasingly deepening of reforming and opening up,the increasingly diversified of the interest groups,social contradictions and conflicts further aggravated. While the people's democratic and legal awareness further awakens,in the realizing environment with growing calls of "democracy" and "rule of law",facing the sustained peak petition,this system has faced with the double difficulties of reality and legality,the system has reached the crossroads with changes.In this paper,firstly it has introduced the historical evolution of petition system in our country,the right attributes function of the petition system,and the petition has played an important role in the past and now. It analyzes the reasons that petition system formed and developed mature in our country. Then it analyzes the current situation and difficulties it faced of Chinese petition system. Finally,on the basis of the other countries and regions successful experience in handling citizen complaints,facing so many contradictions and conflicts that emerges during social transition,connecting with the status of petition system and legal modernization ,it raises corresponding responses for the petition system .For example,change petition functions,separating the function of right relief,returning its value-based; integrating petition resources and establish unique system of National People's Congress petition; speed up the process of judicial reform,actively promote the independence of the judiciary,and reestablish the authority of the judiciary,judicial relief should be considered as the ultimate means of rights relief.This paper analyzes the origin of petition system and its difficulties in our country by the methods of politics,law,sociology,then learning from foreign experience and the actual situation of our country,the author raises shallow proposal with petition system.