The Reflection And Reconstruction On The System Of Letters And Visits In China

As an expression, a political participation and a special dispute settlement means, in China the letters and visits have a long history, profound social foundation and the basis of common sense. Practice has proved that it has played an important role for resolve social conflicts and level off social order, but the system of letters and visits in the marginalization of the long-term, because it seems to be the rule of law in China and runs counter to the process of building. Therefore, we are building the rule of law in the country today. The system of letters and visits was admitted and how to become a historic task before us. The author is based on the issue of interest and concern, the system of letters and visits has been selected and the retention of Reconstruction become the theme of this paperThis paper will explore some of China's the system of letters and visits and the Reconstruction. First, the concept of semantic analysis of the petition, and China's current theoretical circles on the system of letters and visits arguments were reviewed; Secondly, the system of letters and visits of China and historical origins of the similarities and differences between other systems abroad, China's system of letters and visits has been facing the status quo; Third, the system of letters and visits is a reasonable basis for the theory and the reality of the existence in our country basis; Fourth, the view of the current status of China's system of letters and visits Reconstruction to make some attempt.The first part of the concept of semantic analysis of the letters and visits, and China's current theoretical circles on the system of letters and visits arguments were reviewed. Different letters of understanding of the concept and definition, is the letters and visits with the concept of the development of history inseparable. Petition over the concept of change has shown the meaning of the changes. In theoretical circles, there has been enhanced the system of letters and visits and abolition of the letters and visits system two contrasting views. Many scholars have advocated abolition of the " the system of letters and visits " that the system of letters and visits functional dislocation remove the authority of the judicial organs of the state, objectively led to the loss of the central political authority has brought serious political persecution and political radicalism. Some scholars believe that China's current political system, the rule of law is not good enough and if we abolish the system of letters and visits,it would lose the right to the broad masses of citizens relief means to a people denied a distress situation.The second part is on China's system of letters and visits and the history of the status quo, and its comparison with other systems abroad the similarities and differences; the letters and visits activities in China are ancient, and the relevant system to guarantee China's system of letters and visits with a similar system in foreign countries also .By comparison, we can draw on the experience of foreign maturity and our system of letters and visits to the practice of the new China to establish the status of the system of letters and visits embodied in a subsequent major aspects: First, the major responsibilities of the petition departments and complicated power is very limited; Second, Operation rights standards in the rule of man full color. Thirdly, it spent a tremendous cost, it caused many problems.The third part on the petition system is a reasonable basis for the theory and practical basis for our existence. The system of letters and visits is a reasonable basis for the theory manifested mainly in the following three aspects: the system of letters and visits contains the value of freedom,the value of justice and the value of the order. the reality of the system of letters and visits and the existence of a reasonable basis in the following three aspects: First, the existence of the limitations of administrative reconsideration; Second, the existence of the limitations of litigation; Third, the discipline inspection and supervision departments to report illegal lead to undesirable consequences.The fourth part is on view of the current status of China's system of letters and visits Reconstruction to make some attempt. The system of letters and visits and the necessity of the existence of the existing shortcomings determine the need for its own reconstruction. From the system design and function of the system to start with the perspective to it can not change its poor, it should not be bearing the system of letters and visits can carry out the functions of stripping firmly on this basis, seek to transform the existing system to its competence After contraction after the remaining functions. At present the system of letters and visits to reform the system of controversy mainly concentrated in what kind of model of reform, some scholars think that the whole system should adopt the reform, some scholars think that to take partial reform of the way. This article from the following aspects should be reformed so as to the realization of China's system of letters and visits Reconstruction: First. Agency reorganization, the establishment of the work of the masses of the second petition departments should be an effective safeguard the interests of vulnerable groups; Third, the system of letters and visits and the administrative review, administrative litigation system of allocation of functions. Fourth, the system of letters and visits will be integrated into the construction process of the state's legal system.This paper attempts to letters and visits the concept in the analysis and sources on the basis of China's ,the system of letters and visits is a reasonable basis for the theory and practical basis for further reflect on the current situation of China's petition system, China's system of letters and visits to the Reconstruction of a certain try.