The Plight Of Contemporary Chinese Rule Of Law In The Process Of Petition And Realistic Choice

Now it is a key transformation period for our country. There have been a lot of problems in the reform , etc, less of law and policy ,injustice in judiciary ,which have made the "xinfang" common concern when they gathered in the "xinfang" department from the different way. "Group petition","skip petition" occurs frequently, even suit "petition" to central government department. "xinfang" system as a whole transformation of social change and social stability of the mission, is shown to solve the problem of poor and unaccustomed. The reform of "xinfang" system has become the focus of public attention. The contradiction exists between the problems and to solve the problem of "xinfang" system. On one side, "xinfang" system against the spirit of the rule by law, and on the other side, it has the reason to exist long-term.The view of this article is that, we should not exaggerate "xinfang" system role, and its role can not be denied. At present, Chinese judicial system is still not perfect enough to reform-related circumstances, the rights of checks and balances and safeguard social justice is not satisfactory, the petition system as a complementary relief system to ease social conflicts, safeguard the interests of the masses, have relatively long-term existence of the reality reasonable. Therefore, "xinfang" system and the rule by law should be found between the relatively dynamic balance, in order to better solve social problems and promote the building of a harmonious society. On the analysis of development trends, "xinfang" system should be incorporated into the orbit of the rule by law to resolve the straits of the "xinfang". We should strengthen "xinfang" system ties with the masses of the system function and lessen its relief function. By improving rule by law continuously, finally we can make "xinfang" system becoming unnecessary.