The Legislative Perfection Of Petition System In China

The petition system which has Chinese characteristics is created by the Communist Party of China. As a kind of right relief system, it has long played a political participation, resolve grievances, resolve disputes role. Although it was initially based on political participation form, with the development of the times, today the letters have become people's masses, safeguard their legitimate rights and interests of an important means. From 2003 to 2004, launched a petition peak, and this corresponds, in 2005, the State Council in 1995 regulations are made on the basis of the revised, promulgated a new" Regulations", the petition letter regulation still in use. However, from 2005 to now, five years later, our country society produced the change of change rapidly, caused many problems, making the quantity innovates again tall. During this period, scholars caused a lot of petition to stay controversy, some scholars believe that the waste of social resources, the closing rate is low, should be abolished; some scholars thought that the present giving play to its special social function, it should be retained and reform. I agree with the latter view, the petition is China's oldest complain system extending his rule, although strong, but really solve a lot of administrative review and administrative litigation cannot touch the dead core problem is the connection of people, strengthen to safeguard their own interests, complaints were an effective means, therefore, the petition should be retention. But for now the problems, such as a group visit, leapfrog petition, the petition number is much, dimensions big, often accompanied by excesses, seriously affected the social stability; like many petitioners have no results, the closing rate of only 2/1000," Regulations" has not been able to cope with such a complicated situation, urgent need a can on the whole nation next uniform implementation of the law, is also the" petition law" promulgated.This paper is divided into five parts, mainly through various analysis conclusion, the need for legislation, and puts forward ten suggestions of legislation. The first part is outlined, mainly expounds the letters and visits system's concept and the characteristic, the system function and the legislative development stage, for handling legislation further research to make the basic bedding. The second part is and foreign relevant system comparison and the analysis, no matter which country or region and comparison, this part is divided into three parts, one is about the country or the region similar petition system introduction, two of our institutions and related system to carry on the comparison, analysis of the two the similarities, the three is based on the comparison, analysis reference, learn from each other. The third part of our petition the legislation present situation and the existing problems. " Regulations", the various departments of the State Council issued the department rules and regulations of the various provinces and cities and formed our petition legislation, legislation has many problems, such as lack of constitutional basis, legislative level and level of effectiveness is insufficient, legislative passivity and confusion, these problem together is the lack of a unified" the law". The fourth part to undertake the third part of the requirements, solutions is a kind, by the National People's Congress to discuss the development of the" law". The fifth part is based on the fourth part, discusses legislation to solve the problem, at the same time, the corresponding solutions to the problems of the legislative proposals.The research background of this article is in the period of social transition, the situation is not hopeful. Based on this background, put forward the legalization of the idea, and puts forward ten suggestions on legislation, with practical operation. The use of qualitative analysis, analysis of the letters and visits system related basic theory; using the method of comparative analysis, on the petition system in China and overseas related systems were compared; the use of literature analysis, in the retrieval of many data on the basis of comprehensive, hundreds of words to draw their own conclusions. There are two main innovation, are embodied in the legislation of ten proposals, one is legislation to implement a from central to local levels and vertical management system, the system has two functions of inquiry and supervision, Supervision Bureau for letters, with relative independence, each petition the government at the same level of censorial bureau. Responsible for superior letters, censorial bureau shall be responsible and report their work; two is the full implementation of the network system of legislation, implementation of a comprehensive network of petitions. To the petitioner's ID number as the basis for recognition, cases from the investigation to eventually closed, all steps are recorded in the network, the formation of electronic case, at any time convenient access. The two are complementary, if able to carry out inquiry legislation in the law, strict rules, the unified model, will be able to create a new situation for the development of China's petition.