Reconstruction Of The Transition Of China's Petition System

As one of China's unique system design, in different periods the petition system has played an important role. With the idea of democracy and the rule of law coming into peoples' minds, the petition system has become a very confused and increasingly troubled issue.Because of Chinese society is now in the rapid economic development and process of social transformation, the various social contradictions have come out. In addition, the public petition system has been placed high expectations. So "the petition peak" is coming. And in the face of the high expectations of the people, there are still a certain degree of defects in the system of the petition. With a new round of the "petition peak," the public petition system is overburdened. Therefore, there are many debates about it's strengthen or weaken in the academic circle. Based on this, my paper title is China's transition to the reconstruction of the petition system; by the historical origins petition system, abroad or in the petition system and related systems in the Constitution of the positioning, and through many other issues of Investigation, I am trying to find the reasonable existence of petition system. Then the petition system is to in light of China's current status and shortcomings, from the macro level of China's petition system to the reorganization of some of the recommendations. This is a premise default of this paper.The full text is divided into five chapters.Chapter 1 is the origin of the problem. By the author's long-term concern of the petition system, considering confusion of petition system itself in an awkward position. And then show the author's attitude of the petition system: careful study and verify the rational way to seek solutions of problem.ChapterⅡ, the petition Conditions is in China. This chapter focuses on subject of the petition for analyzing. Specifically, the first sub-section is reach of the concept of petition. Through inspecting "the Regulations of the petition, I am going to the definition of a specific interpretation of the petition system .from the perspective of the scope of application of the petition system to classify the petitions . in the second part ,using historical analysis history of China's petition system and the origin of system , and reveals the historical inheritance, and China's ancient "petition" i am going to find the experiences and lessons. The third section, history is still the main line to introduce the formation of China's petition system and development path after 1949. With comparative analysis methods, the fourth section systematically introduces Sweden, the United Kingdom, France, Japan and China's Taiwan's region of petition. These countries and districts have many similarities on the purpose of the system design of the petition, but the system design itself is very different. The above-mentioned countries experience is our reference. Fifth section the authors provide a constitutional point of the argument on the petition system in China's Constitution position.ChapterⅢ, there is assessment on transition petition system. This chapter from the transition of China's petition system, analysis of the operation of petition system, starts seeing the defects, at the same time; the petition system is a rationality of existence. Specifically, the first section through analysis the meaning and characteristics of the social transformation to facilitate more in-depth understanding of social transformation. At the same time the title of this article is based on the time dimension. The second section on the status of China's petition system was analyzed in four aspects: First, the large number of petitions, but declined slightly in recent years; Second, the majority of petition requirements are reasonable; third, it is come out the number of non-institutionalized petition and the emergence of a new petition form, such as collective petition, a leapfrog appeal or legal petition; Fourth, the subject of petition diversified and content diversification. In this part of the exposition can only list the forms and information to enable a more intuitive understanding of exposition. The third section analyzes China's petition system defects. it Is divided into two parts: First, is the petition system deficiencies such as its own procedures for deletion; the second part introduced of the petition system and other systems of the coordination mechanism's imperfect, concrete manifestation of the lack of relief for the overall design, various Street access system links insufficient administrative reconsideration and administrative proceedings of the high thresholds and the absence of three deputies. The fourth section of the shortcomings of the system brought about by the impact of: governance lead to damage to the legitimacy of a challenge to the authority of the judiciary. Fifth section of the petition system is the existence of the reasonableness of the analysis and study, a total of two parts, the first listed on the retention or abolition of the petition system indisputable mainstream viewpoint, the second part social history and culture from the perspective of the petition system existence is reasonable Analysis carried out, I believe that the petition system transition is the existence of a reasonable nature, the petition does not advocate the immediate abolition of the system, also opposed the blind to strengthen the petition system, the petition system gives greater rights, but rather to support the petition system improve coordination.ChapterⅣis the study on the reform program of petition system in the transition period of China's. Here, the author were addressed to the petition system's reform proposals based on the chapters of the above .the first ,at the moment "Regulations" have the problem of excessively low Status. The voice of Speeding up the petition legislation is growing, so that I agree with the formulation of a petition law. Under China's current Constitution does not altered circumstances, the petition law is based on Article 41 of the Constitution. On the petition law , the petition agencies petition agencies to deal with cases of the necessary authority, responsibility and clear petition procedures, and several petitions should be make provisions. Second, at present, China set up the petition is a very cumbersome, and the author believes that the future of the petition system should be set up in the room establishment of the People's Congress under unified petition system. Thirdly, the legal system is a complete system, the petition system setup and operation of the system and other outdated or contradictory. Improving the administrative system related to the petition system and the coordination is very necessary. Fourth is the introduction of social intermediary, through the power of social intermediary in the formation of citizens between the government and an effective buffer mechanism that helps to resolve conflicts and the realization of the rights of citizens, fivth, the freedom of speech and demonstrations is a constitutional right of citizens the most basic rights, but these two rights in our country are to a certain extent, there are too overly strict conditions, in order to effectively resolve social conflicts, these two rights to reposition. Sixth, promote the independence of the judiciary. On the one hand, the independence of the judiciary is useful to the realization of social justice; on the other hand, it is good to realize the standardization of the petition.ChapterⅤis the conclusion. This section is the chapter to get a conclusion from the above; this section is also a reflection of the petition system and beginning of the study.