The Research Of Petition System In The Context Of The Rule

Petition system is a unique system with Chinese characteristics and an important part of our democratic political system, which regularly deals with people's letters and receive people's visiting by party committees and governments.Nearly half a century, petition system plays an important role in strengthening and improving ties between the party, protecting human rights and safeguarding social stability and harmony.However, with the arrival of social transition, various social contradictions become more apparent and awareness of the rights of citizens are awakening, which make the already flawed petition system suffered an embarrassing and unprecedented crisis, which is the gateway to institutional change.Facing of the unexpected "Petition peak"and witnessing the sick and sad of the petition system, whether theorists or practitioners have had a profound reflection mode of operation and value of the current petition system.Indeed, as a local resource, petition system still plays an important role when the judicial refuse protecting the private rights, which provides an alternative dispute resolution mechanism.To some extent ,it makes up for the shortcomings and deficiencies of modern rule of law.But petition system itself has too many contradictions and confusion, which needs us to be calm on this observation, the depth of analysis and responsible search for solutions.From the large background of the modern rule of law, we exame and analyze the current petition system and rationally evaluate of non-merits and demerits of the petition system, to explore letters and the plight of the reason the system gradually,to find out the reasons for the plight of petition system.Practice and theory at the basis of the study, we find the feasible idea of improving the petition system,in order to provide some thoughts and suggestions for the construction of the rule of law and building a harmonious society.Chapter I,Concepts of the petition system. In short, the petition is on the activities of the people referred to letters and visits.On the characteristics, the petition system is a unique system with Chinese characteristics, diversity, non-procedural, which has obviously political.Functionally, the petition system has a democracy and political participation function; which has information gathering and feedback function and has to vent their grievances, alleviate social contradictions of the safety "valve"function.Besides, It has the function of the right to relief.ChapterⅡ,the petition system has a value orientation. The value of petition system is the main petition system on the meaning of letters, which is the petition system to meet the needs of the petitioner.The value of the petition system is to achieve justice,and to maintain freedom and order and so on.Petition system value is significance of the petition system, which is an important basis for the establishment and implementation of petition system.Petition system's development and implementation of all aspects needs to be the value of knowledge, value assessment and value selection.Chapter III,historical interpretation of the petition system.According to the number of letters of different characteristics and mode of operation, the new petition system in China is divided into three stages roughly:the founding of New China petition system, which is the formation of the bud and the initial stage; the Great Cultural Revolution and the bringing order out of chaos time's petition system is the petition system's winding development phase; stability and unity time's petition system is also the consummation and the reforming stage.Through the historical analysis's method, analysising petition system development's general rule and the characteristic, which provides the trifle ponder and the suggestion for our country petition system reform.Chapter IV, petition system's difficult position. The petition system faces the main difficult position is numerous and disorderly of the petition organization.Each department passes the buck; petition function dislocation and malformed development of right relief function.The petition responsibility investigation mechanism is unscientific, which induces to jump the ranks unceasingly appeals for help.In reform and open policy time, inquiry quantity's explosion is a distinct characteristic,which is the social politics structure, the economic structure and the culture structural adjustment inevitable product.This article emphatically from political, the economical, the government by law and the cultural angle, analyzes the petition system gradually to enter the difficult position thoroughly the reason.Only then find the question the crux to be, we can give the petition system a good medicine.Chapter V, petition system's reform mentality. Facing the high peak and complaint letters itself, the theory and practice on the petition system of constitutionality launched fierce debate which can be roughly classified into three kinds of viewpoint: strengthening theory, cancel theory and improved theory.The author thinks that improved theory is more accord with the actual situation in China, which benefits social stability and harmony. strengthening theory and cancel theory are not unreasonably though, but it seems a bit reckless and extreme, which easily cause social conflict and chaotic.The petition system reform is a systematic project, which needs not only innovation in system, but also more need to be implemented in practice.We need to actively explore with Chinese characteristics of National People's Congress commissioner system and make a complete and systematic "complaint" law.We need to further promote the reform of the judicial system and perfect operation mechanism which matchs the current petition system.We need more curator simultaneously and multi-pronged approach.we need to form a cohesive force, only can we gradually lead petition system into institutionalization and scientific and stylized orbit.