Constitutional Study On Right To Petition

Right to petition is a constitutional right with Chinese characteristics, and is the most traditional, most close to the livelihood. With human rights into the constitution and the regulations, the right of petition is more attention to. Problems reflected by the complaints have caused all walks of life to discuss and reconsider the petition system.From the literature of this subject, most of scholars only studied the body of petition system. The author start with the study of theoretical issues, defining constitutional basis and attribute of the right of petition, the value of petition system is ensuring the achievement of the petition right, the constitutional functions of the petition right are supervision and relief. Then carry out empirical research on the protection of the petition right, analyze the features of the current situation and the reasons why citizens exercise the petition right so large-scale. Point out that the problems in the protection of petition right are legislative lag as well as petition agencies system deficiencies and the constitutional functions of the petition right are weak. Towards the dispution over the retention or abolition of the petition, the author regards the ways to realize the petition right are put it into the constitution and legislation, perfect the petition agencies system and strengthen the petition right's constitutional functions...