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Constitutional Consideration On Visits Petition Of Enterprises Restructuring

Posted on:2012-11-26Degree:MasterType:Thesis
Country:ChinaCandidate:J Y ZhangFull Text:PDF
GTID:2216330338973829Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Visits petition is a typical Chinese issue, or can be Chinesization and localization issue. Visits petition is just manifestation of petition. However, it is of Chinese characteristics for petition system design, its operating system function and reflected ideology. It is the most important component of New China's politics and laws tradition to solve the petition system of the issue, which creates convenient system channel for people to attend in the field of law enforcement, helps petitioners obtain judicial relief, provides legitimacy for Party and government power to participate legal decision, and becomes the most important way of anti-corruption of the Party and the Nation. Recent years, constant emerging petition seriously affects the social steady, influences our country's political stability, and promotes the petition work and petition system to be focus of all sectors of society. What the local government has done is blocking and covering, but the theoretical issue and legal issue arising from petition tide makes it necessary for us to seriously study and consider the function of petition system, to think about the social issue reflected from the petition tide and to imagine future fate of petition system. The big difference between academia and political circle on the choice of petition system reform is mainly caused by the different cognition of the petition system theory. This article is to have a preliminary research on the system function, existing problem and future reform direction of our country's petition system with reference to the petition issue arising in the course of Liu Zhou Enterprises restructuring. The reason why we make study on basis of petition issue of Liu Zhou enterprises restructuring is because the social contradiction arising from enterprises reform is of diversity and complexity; because it is the effectiveness and limitation of petition system; because it reflects the plight of justice system response to social conflict. In such contradiction pattern, we can examine the contradiction and complexity of China's law development with more extensive vision, explore the possibility and limitation of law solving economic problems, and provide valuable proposal for the improvement of administrative dispute resolution and corporate social security system by way of studying the issue. The article is divided into five parts. The first part is introduction which includes the overall analysis and introduction of visits petition, influence of visits petition, differences and connections between visits petition and petition, resolution of visits petition, instruction of making Liuzhou as an example, and the characteristics and typicality of Liuzhou petition.The article is divided into five parts. The first part is introduction which includes the overall analysis and introduction of visits petition, influence of visits petition, differences and connections between visits petition and petition, resolution of visits petition, instruction of making Liuzhou as an example, and the characteristics and typicality of Liuzhou petition.The forth part is mainly to study the solutions in enterprises restructuring. The resolution of visits petition can not be solved by one person in a second, but a comprehensive engineering. Firstly, correct value orientation should be confirmed; secondly, the resolution mechanism of normal visits and abnormal visits should be distinguished, meanwhile, new mechanism need to be explored; finally, forces among the mechanisms should be formed to solve the visits petition.The fifth part is about constitutionalism consideration of visits petition issue arising from enterprises restructuring. Both generation and resolution of enterprises restructuring visits petition have close relation with constitutionalism. The article analyzes the constitutional meaning of generation and resolution of visits petition.
Keywords/Search Tags:Enterprises Restructuring, Visits Petition, Petition system, Resolution Mechanism, Legalization
PDF Full Text Request
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