Petition System Difficulties In The Process Of The Rule Of Law And Its Way Out

In the last twenty years, a wide and deep change has happened in Chinese legal system, just as in other social area. The contradiction and dispute is unavoidable in the process of change. The predicament of xinfang is one of these multitudinous contradictions.The aim my article is : to analyze the process of happening and development of both the predicament of xinfang and the change of legal system in china, under the background of the change in all the fields of our society. And to explore the relations between them farther. Thereby to look for the reason for the predicament of xinfang, and find a way to make xinfang which is in the circumstance of pursuing the "rule by law" develop better.My article views the predicament of xinfang from both the microcosmic side (the practice of xinfang) and the macroscopical side (the theory of xinfang system).By analyzing the actual cases that concern law and xinfang from different angles, my article consider that the existing of xinfang system is logical and necessary, no matter judge by the special tradition of politics and law which was created by Chinese Communist or by the law idea which is holding by occidentals. The reason why the xinfang system got into predicament can be summed up into three aspects in the main.Firstly,it's not concerted among the changes of each area in Chinese society; Secondly, the operation of politics does not strictly according to the formal rules, but even violate them. Lastly, all the rights on the reform are commanded by the so-called elites, but the masses should not approach at all. Accordingly, my...