Law-related Petition To The Constitutional Thinking

The report of Communist Party of China's seventeenth Congress has pointed out: "to maximze the creation vigor of social, to maximize the harmonious factors, to minimize the disharmony's factors. Handle the people's contradictions properly, to perfect the Inquiry System, to perfect the maintenance populace rights and interests mechanism which is lead by the party and the government ."In recent years, along with fast development of society's economy, the inquiry questions which are related to the public security, the examination and the court become more and more many .These questions becomes a difficult problem which puzzled the politics and law institution. The increase of Law-related petition not only aggravated the inquiry person's spirit and the material burden, affected the politics and law institution's normal work order, but also becomes an influence harmonious society construction the very important stabilizing factor. Law-related petition is not the special legal terms. It has some disputes to its concept's limits, which was mainly refers to among those were already accepted or those should be accepted by the Administrative law enforcement organ and the Judicial organ or the cases which were already entered the legal procedure, to the action or actionless of the Administration enforce the law Organ and theJudiciary Organ, the stake Interested Party appealed to the Higher authorities or the petition activity out of the legal proceeding when their accusation has no result. Law-related petition is different to the inquiry which was limited by"Inquiry Rule", mainly refers to the behavior that the inquiry person suggest the apply to the Public security organs and other related departments according to the Relevant item of judiciary or requests to solve the question by the way of incoming letter and the visit . The reason of Law-related petition's appearence and existence is very complicated , it is a synthetical reaction of the conflict among the social politics, the economy, the culture and so on . The objective aspect's reason are mainly the economic agent, the political factor to govern, the cultural element and the legal factor four aspects. The subjective aspect's reason are mainly the politics and law institution internal factor, the politics and law police officer quality and the inquiry litigant quality three aspects. Law-related petition's power is a citizen's democratic right, which should be respected and protected, but it exercises the valid deviation or violated the value request which the right exercises, which is suspected to breach the law and abuse the inquiry right. At present, the continous growth of the Law-related petition not only wasted the limited judicial resources, harmed the judicial authority, but also harassed the national and the social management order seriously, which has became an big barrier to affect the society harmonious stable. Therefore, the research to the Law-related petition must be solved by the social team, achieves the comprehensive program of public order, treats the symptoms and the causes, the conformity petition work resources, form the joint effort, to construct the science reasonable petition work persistent effect mechanism, to let the negative factor becomes the impetus reform, the development and the stable positive power the inquiry. To strengthens the research of Law-related petition's question, reduces the occruence of the case of ford the law inquiry question from the source, to study the persistent effect working mechanism under the new situation will certainly to impel to the law advancement of the Law-related petition's work .