Constitutionalism And The Citizen's Right To Petition

"The state respects and safeguards human rights" explicitly written into the constitution, the legal circles pay more attention to the issue of the basic civil rights. The citizen' s right to petition is looked as a fundamental right that it has great significance to promote constitutional democracy. But the theoretical circles due to the deviation of understanding, not to put this right into its proper position. This article studies the citizen's right to petition with the constitutional value. By the mainly use of comparison and historical research methods to start on. We find out the citizen's right to petition with the theoretical value and analyze of the relevant provisions of the problem in practice, try to improve our system of the citizen's right to petition.This article consists of four parts:The first part outlines the basic theory of the citizen's right to petition. Through analyzing the concept of the citizen's right to petition and related approximation concepts. we can understand the specific meaning the citizen's right to petition more; By comparing and analyzing the theses of the citizen's right to petition, and then define the citizen's right to petition as political rights in the context of reality; By analyzing the constitutional value of the citizen's right to petition, we can understanding the important role of social construction that the citizen's right to petition can promote the democracy and rule of law.The second part discusses extra-territorial petition system. By studying the citizen's right to petition of the history, so that we can understand its connotation; Introduce the theory and system of the extra-territorial legislation, try protecting the citizen's right to petition with the hope of the reconstruction of our citizen's petition system.The third part analyzes the regulation and defects of the citizen's right to petition in our country. By comparing with other countries, we find the implied level of constitutional regulation and the form of the practice; then, we can understand the defects of the citizen's right to petition from theory to practice in our country.The fourth part tries to improve the system of the citizen's right to petition in our country. Analyze the protection of the citizen's right to petition from the constitutional level with necessity and feasibility, try to discuss this right in the constitution; Try to improve the petition process, so that this right should change from the state of the altar to reality.