The Constitutional Guarantee Of A Foreign Citizen Complaints System

Citizen complaint system which originated in modern Europe, after two centuries of development, has become an important administrative supervision system and civil rights protection mechanism for a democratic and constitutional state. Citizen complaint system in achieving the above-mentioned two aspects of their functions on the significant advantages has been widely welcomed by people in various countries, and to spread widely around the world and learn from. Citizen complaint system can play a significant role at the constitutional practice in a country, largely due to its effective protection for citizen complaint system from mechanism of constitutional.The comparative study between citizen complaint system of foreign and Petition System of China are already quite popular in China academia; especially the research about the right to petition and related systems has made a lot of theories. However, in the academic circles of china the research about foreign citizen complaint system and their mode of constitutional protection is still blank. The importance of constitutional protection to citizen complaint system is not giving enough attention.In this paper, Model Research is being done for Constitutional guarantee of citizen complaint system by the method of Comparative Constitution. By the comparing and analyzing protection mode of written constitution, protection mode of constitutional law and protection mode of constitutional practice, trying to Find common and laws which is worth learning and imitation by Petition system of China. Further study about problems of Petition system building under rule of law in china is being done on this basis. Rule of law in China's petition system is necessary to proceed from the two-firstly, establishing long-term work on understanding letters, scientific orientation to the petition system and promote rational and legitimate manners rights of expression is very important to establish concept of the Petition. Secondly, to recognize the right of petition system for the protection of citizen oversight approach in the constitutional system, through constitutional provisions or constitutional convention to confirm the petition system, etc. to establish the status of the constitutional system, And develop specialized organic law to carry out the provisions of the petition system.In this paper, the structure consists of three parts: The first part focuses on the basic theory of the citizen complaint system and comparison between the petition system in China and foreign citizen complaint system. In the second part the significance of constitutional guarantees for the citizen complaint system and models of constitutional guarantees for he citizen complaint system are analyzed. In the third part, under analysis of the current situation and problems of the petition system in China, through combined with the relevant overseas experience in civil complaint system, constitutional rule of law in our petition system to resolve the road is proposed.