Study On The Historical Evolution, Present Situation And Reform Of The Inquiry System In China

The inquiry system is a unique institutional invention which emerges in the political and law tradition of the new China. It is a dispute solution and the human rights relief mechanism of Chinese characteristics. And it is also a special mechanism where all kinds of power take effect and supervise each other. In the specific historical period, the inquiry system plays an important role in stabilizing the government and the society. It provides people a new path to solve problems besides the legal system, and it exists on the cost of curbing the arbitrary interpretation of the law. Meanwhile, it also offers the institutional space and the legal channel for the Party and government to intervene in judicial activities.This paper first analyses the connotation of the inquiry system, then systematically discusses the historical evolution, present situation, existent problems and the reform of the inquiry system. This paper is divided into four chapters. The first chapter presents the significance of the inquiry system research, the research situation both at home and abroad and the research methods. The practicality and the sensitivity of the inquiry system arouses many scholars' interests. The researchers in the country analyze the inquiry system from different angles. And because the inquiry system is unique in China, the researchers abroad then mainly study the petition, rebuke systems or other similar ones. And this paper mainly integrates theory with practice and analyses from political perspectives.The second chapter analyses the fundamental concepts, function and historical evolution of the inquiry system in detail. The inquiry system refers to the system that citizens, legal persons, and other organizations use to reflect things by letters, emails, faxes, telephones and visits to governments in all levels and government departments above the county level and the corresponding administrative departments can legally deal with these problems, complaints or requests. The function of the inquiry system is political participation, supervise of power, dispute mediation and relief of rights. And the historical evolution of the inquiry system is studied in seven stages from the foundation of the CPC until now. The incubation, foundation, improvement, control and transform of the inquiry system can be seen in this chapter. The third chapter analyses the present situation, existent problems and causes of these problems. In these years, more and more people resort to the inquiry system and their problems are becoming complicated. Thus more organized and antagonistic inquiry activities happen. All these He in the defects of the inquiry system, mainly including the dislocation of the function, slack regulations and rules, imperfect legal system, unclear procedures and so on.The last chapter presents the strategies of the problems in the third chapter. There are several ways to improve the inquiry system in China—establish the People's Congress inquiry system, reorganize and consolidate the present resources of the inquiry system, accelerate the legislation of the inquiry, set up a good government figure, improve the procedures of the inquiry problems, perfect the corresponding systems and so on.