A Study On The Legal Protection Of The Right Of Petition

It’s a paper about research on legal protection of the right of complaint letters and visits of narrow sense. The author discusses on the nature, characteristics and legal construction of the right of complaint letters and visits, the problems and countermeasures of the legal protection of the right of complaint letters and visits. The author want to give suggestions about system of protection of the right of complaint letters and visits, so as to provide a powerful driving force for the construction of the government ruled by law. In the course of the study, the author uses empirical analysis, comparative and inductive analysis and literature research method.Through the analysis of the nature of the right of complaint letters and visits, the author points out that,the nature of the right of complaint letters and visits embodied in the following aspects:first, the right of complaint letters and visits belongs to the legal rights; second, the right of complaint letters and visits belongs to the citizens’ basic rights; third, the right of complaint letters and visits belongs to the democratic rights; fourth, the right of complaint letters and visits belongs to the original rights.Characteristics of the right of complaint letters and visits embodied in the following aspects:first, from the production perspective, the right of complaint letters and visits is legal; second, from the implementation way, the right of complaint letters and visits is mandatory; third, look from the function, the right of complaint letters and visits has the political nature; fourth, from the elements, the right of complaint letters and visits has the convenience.Through the analysis of the legal structure of the right of complaint letters and visits, the author points out that, subject of the right of complaint letters and visits includes the citizens, legal persons and other organizations. The object of the right of complaint letters and visits includes the duties of any state organ or functionary. The right of complaint letters and visits includes criticism, suggestion, complaint, accusation and other basic rights, and the performance for the 13 specific rights.The author thinks that the legal protection of the right of complaint letters and visits should be strengthened. The main reason has the following three aspects:first, the answer is not clear. Second, the relief measures lack. Third, revenge become obstacles of the exercise of the right.In view of the above problems, the author throws out three suggestions. First, to perfect the agency reply obligations. The author thinks, the complaint visits reply requirements should be similar to the defendant in administrative litigation defense requirements. Once the petitioner to prove the existence of the administrative act, the respondent shall provide evidence and legal basis of the legitimacy and rationality of the behavior. Second, improve the rights remedy. In the administrative proceedings, to reform the provisions on the scope of accepting cases. Setting review assumption in the provisions of general principles, the admissibility in general terms, and exceptions to clear, can provide more comprehensive protection of the rights of citizens, including the right of complaint letters and visits.In the administrative reconsideration, the specific administrative act would violate the right of complaint letters and visits should be explicitly included in the scope of administrative reconsideration. In addition, to relief mechanism of constitutional rights should be established. Third, strengthen the supervision of power, to prevent revenge. For specific performance, accelerating the legislation of administrative procedure, setting the independent status of supervision organs.