Problems And Solutions Of China Petition

Petition system is one with Chinese characteristics. Letters carries political participation, the Survey, to resolve disputes, the right relief, expansion of supervision, social pressure reducing valve and many other functions in our social life play an important role. But at the same time, China's petition is also facing unprecedented pressure on the situation. How to deal with the issue Letters of promoting the rule of law and building a harmonious society has important practical significance. In this paper, the democratic nature of legislative, administrative legitimacy, judicial independence, conflict dispute resolution mechanism and the rule of law and cultural values of systemic levels of training and so on to solve our problems faced by the petition raised a point countermeasures.This paper is divided into four parts.The first chapter:Summary.This section discusses the history of Origin and Evolution of letters, the letters of the concept of the nature of the right of petition, petition the adjustment range and functional analysis. That the petition refers to the citizens, legal persons or other organizations are criminal violations of legal rights and interests in the post, through letters, visits, etc. according to the public authority to seek relief and the exercise of public authority to supervise the behavior. One is a constitutional right to petition the citizens a basic right, with solid content; the other hand, is the petitioner's procedural rights to seek relief. Letters carrying the expansion of political participation, strengthen rule of order, reflecting the aspirations expressed public opinion, dispute resolution and rights of relief, the power of supervision and restriction, a safety valve for social functions. In addition, similar to foreign countries to introduce the petition systemChapterâ…¡:problems facing our country PetitionLetters from the master data and the impact of letters, our country is facing the following issues Petition:Petition high volume, and the vent of an increasingly radical; facing flood peak petition, the existing petition sector unable to cope; petition system gradually loss of trust, damage the image of party committees and governments; petition digestion and even challenge judicial authority.Chapterâ…¢analyzes the causes of LettersPetition for the problems facing our country, from the letters of the background, content, and causes are analyzed. This article asserts:social conflicts is the petition of the sharp rise high social background factors; "non-litigation" ideas and upright official petition complex issues of cultural tradition and the historical and cultural factors; convenient, low cost is the issue of increased cost factors petition; citizens enhanced awareness of the right to petition the problem is increasing awareness of factors; judicial credibility problem is the lack of letters generated by social factors; conflicts and disputes settlement system is imperfect mechanism to petition the reasons for the problem arising.Chapter IV to solve the problem of countermeasures LettersThrough the abolition of the petition system Analysis of the dispute, the paper said:Petition in China under the current conditions are still necessary to retain, but the track of the rule of law gradually be improved, and to the reality of the basic national conditions in China, a democratic environment objectives and consistent rule of law, constitutional system. In the specific measures, the first is to govern according to law, to promote political reform; Second Legislative pay attention to public opinion, based on the expansion approved; The third is to strengthen the supervisory role of the NPC; Fourth, improve the social contradictions and disputes settlement mechanism; fifth play administrative settlement functions; 6 is set to deepen judicial authority of the judicial system; 7 is to cultivate the universal rule of law.