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The Sociology Of Law Of Grass-roots Petition Dialysis

Posted on:2009-07-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y XiangFull Text:PDF
GTID:2206360248450825Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Operation of basic letters and calls is predicated on two methods: people sending letters to higher authorities and paying a visit to the restructure of government, and its focus are governors dealing with the people' cases. The office of letters and calls and cadres of the office stay in the grass-roots position, leading a main role in the operation of basic letters and calls. Generally speaking, the purpose of setting the offices, one hand , is convenient for the contact between government and the people , on the other hand , is relieving social contradiction. But in people's eyes, the constitution should show understanding and sympathy for their complain and suffering.The office's fixed position of role decides it doesn't arbitrate disputes, and its chief function is organizing sections of government to realize social stabilization, but not to offer right assistance.Alteration of cadres in this office has three ways. First, permanent staffs leave to other departments because of personal change or altering jobs themselves. Second, cadres change duty within the office, which is caused by inner adjustment of workers under section chief. Third is personal change of persons who are borrowed from other branches. They think they have more opportunities to become a real civil servant, so they apply for the job in the office themselves. But at last it is near impossible for them to realize their goals, besides they think they have a lower position than the permanent staffs, so they go back to the previous units or begin their own business.The major purpose of the cadres' behaviors is realizing social stabilization which is also their political duty, and then they work for people's requests and benefits. Therefore, they consistently take steps to restrict people's letters and calls, avoiding excessive problems of letters and calls to threat social normal order. So on the cases' acceptance stage; they often behave according to this purpose. But when they handle these cases, the situation that cadres of letters and calls pay a leading in the operation process changes entirely differently. At the this time, the operation of letters and calls just like a ship sailing hard on the sea in violent storm, and in many conditions, the course of the ship is not decided by the captain, but the wind. The problems which are in the essential resolving stage always can't be settled by judicial organ or other approaches. The procedure of resolving problems by letters and calls are both hardship and very long. What cadres who don't have actual power only can do is harmonizing and stabilizing. Feeble mediating institution can't obtain results at once, or at most situation, gain nothing. Failure of letters and calls make people begin to seek self help, which is always interfered and districted by government, and consequence of the interference is towing problems back to processes of letters and calls.Only a few problems can be really dealed with after selected by the workers in the office on the cases' acceptance stage and in the register. Cases that are selected out would be solved in different phases, and in different phases, there are corresponding operational patterns. Pattern of fulfilling commitment switches on the people's letters and visits. On the cases' acceptance stage, the cadres would judge weather people's requests lawful and reasonable or not, and next they will adopt appropriate approaches. The unlawful and unreasonable requests will be sent to relevant sections to explore at once. People and the cadres in the office always have different comprehension on right People don't understand right from law and policy as the cadres do, but judge the reasonable or not by common sense of life. If the requests tally with convention, people will thy every means to win them over. In the model of reconciliation, both sides clients in the argument ask for higher authorities in the office to participate in. During this procedure, usage of law is weakening by degrees, but effect of administrative power is reinforcing gradually. In fact, the operation of letters and calls are under the shadow of administrative power. Model of stabilization has expanded work range of letters and calls' operation. It need gather administrative power, communities and social groups together to carry it out. At this time, usage of law almost disappears, but effect of administrative power enhance to superlative. People clamp down government by many measures, for example, visiting persistently, looking up higher authorities in Beijing and making trouble in government, which would finally course attention of higher authorities of government. Under pressure of administrative power, the requests come back to reconciliation. After a long time coordination, people not taking their requests bake yet, the only thing can be done is uniting sub district office, communities, police station and unit of the person to district his whereabouts, avoiding him have more actions embarrassing government.Safeguarding authority of law is indispensable to every workers of judicial department. However, it is difficult to discover a judge obeying the judicatory morality. Of course, behind judicatory work, there mingle social reality and administrative system. The crux of people not obeying judgment all the while is that the judges of district courts are short of social morality. It should have been time for them to safeguard the authority of law and resist competent, but they give in competent and degenerate the authority of law. "Obeying law" becomes a slogan which the judges of district courts always explain to the weak groups. When the authority of law destroyed, there is no living room for judicatory authority of district courts.The people of letters and calls not following the judgment of law is not mean they begin to hate law, but loathe the phenomenon of threading on and distorting law. Courts handling course of lawsuit mechanically and running a blind eye to administration's illegal behaviors are perverting legal sense of "take law as the top priority". The behavior itself is illegal which is against judges' morality. So in people's eyes, court is a place to conceal bad egg to do evil, and authority of law degenerate like this.Jurisdiction, as the final protection for civilian's social private right, once collapses, will make injured clients lose confidence on law and resist this unfairness. If at this time the court still seriously construct the client to obey the judgment and stop to go to law, jurisdiction become the evilest. Inserting morality into judicature and judge handling case according to law, at the same time, according to conscience can avoid using law blindly, mechanically and absolutely. Judgment, only done under unity law and morality, can be obeyed by the client. Only doing like this, it is possible to rebuild the authority of law, and law becomes flexible law.The first reason why people of letters and calls believe having upright and honest officers in heart is this belief living in poor people's thinking all along from ancient time. The person who often go to Beijing to seek higher authorities there must be perfect officers like "Bao Qingtian" in the Song Dynasty, and they are unmoved by personal appeals, fearless of dignitary, speaking out to uphold justice. The second reason is people think the fountainhead of right is clear and nastiness only happen during the operation of right from top to bottom. When right implements thoroughly, it is impossible to put all polices into practice and even sometimes losing shape of law and policy because district government don't adhere to carry them out base on localism. The people's suffering is also hard to get the top of authority. When a large quantity of problems can't be settled by district government, people of letters and calls would bring them to higher authorities. They consider, as long as their problems can be concerned by the top authority directly, their problems would be resolved soon. The third reason is the people of letters and calls don't believe court of justice can finish off their problems. Exactly so, problems which are reflected to Beijing most are unable to resolved by court, for instance, enterprise reform, social insurance and taking over land. However, in people's eyes, the biggest problem is also caused by man and the best law is also operated by man, so the problems that can't be settles by law can be resolved by man, the upright and honest officers who are prayed for in people's heart. But the probability of meeting perfect officer by going to Beijing once or twice time is very small. However, to the people who regard letters and calls as their lives provided having a tiny bit hope, they are willing to wait for the birth of the perfect officers in their lives' time. Right of letters and calls also has border, but people don't willing to take action within the border which defined by law and they are only choose something to obey. Regulation of Letters and Call has defined beginning boundary, ending boundary and exercising boundary of letters and calls' right. Breaking through the border is the only selection after their rational judgment. The character of letters and calls decides they have no other alteration. Usually, the way letters and calls, as the only cheap way, is selected by the people who don't have well education, stable income and whose social position is low when their benefits are encroached on. This election is anything but rascally.
Keywords/Search Tags:the operation of basic letters and calls, the function of letters and calls, the pattern of letters and calls, the office of letters and calls in Y District
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