The Research Of Administrative Petition System

Generated so far, the petition system has been masses of the people to expresstheir wishes to participate in a special means of political and rights of relief, has along history in China, a strong mass base and a common sense basis. Played animportant role to resolve conflicts, solve disputes. However, with the deepening ofChina’s rule of law in the process, the petition system has encountered a seriouschallenge on the one hand, China’s primary stage of socialism, is not perfect, judicialreform, rule of law, in this case, the social needs of the petition system, a way toreflect public opinion sympathetic to their needs, but some of the shortcomings inthe petition system seems to no longer meet the social development of the petitionsystem. Therefore, we must reform the petition system, in order to maximize theclose ties between the party in maintaining social stability advantages, to meet themodern development of the rule of law.In this paper, an overview of the petition system as a research starting point, thebasic theory of China’s petition system, the petition system outside, the retention orabolition of controversial research system of induction and in-depth analysis ofstrengths and weaknesses of the petition system, and then put forward the reform ofChina’s petition system.Generalized petition is the general term of the masses of people wrote to orvisited the social activities of the departments concerned. Narrow the petition refersto the citizens to reflect the personal wishes and opinions of the proposed activitiesusing letters, phone, visits and other forms of social organization. This paper studiesthe petition of the executive authorities, citizens, legal persons or other organizationsto adopt the form of letters, e-mail, fax, telephone, visited, the people’s governmentsat or above the county level people’s government departments to reflect the situation,make recommendations, opinion or complaint requests dealt with by the relevantadministrative organs according to law. China’s petition has three types, seeking the decision classes, participate classesand involving law and ligation classes. The petition system is to reflect the demandsof listening to the voice of the people of the system is the system of the relevantdispute resolution, rights and remedies. Is the power of supervision and controlsystem. In China, all levels of government, the National People’s Congress, the workof party committees, departments and the judiciary, or even business units has apetition institutions. Which play a central role in the institution of the Partycommittees and governments established jointly petition. The object of this study ison the institutions of the petition system of the Party committees and governmentsestablished jointly petition agencies.At the same time, this paper introduces the petition system outside. In foreigncountries general does not exist the same system equal to the China’s petitionsystem,, but in Sweden, Britain, France and many countries there is a sense of“similar to the petition system” outside.”The similar to the petition system” hasmajor implications for China’s petition system, mainly due to the independence ofthe institutions, functional complementary, specialized agencies, the particularity ofthe composition, the flexibility of the work and deal with things initiative.The problems of the current petition system: the Petition RegulationsLegislative mode problems. Petition organizational positioning is unknown, limitedpowers, and numerous institutions,. Procedures and scope of the petition system lackof specific system requirements. Letters accountability mechanisms are inadequateto induce a variety of leapfrog petition and repeated petitions. The penalties fornon-normal petition is not enough. The petition’s function is misplaced, reduce thestate judicial authority. These problems have hindered the play of the petition systemfunction and not conducive to the construction of the rule of law.Given this situation, different scholars have different views, some scholars haveproposed the idea of the abolition of the petition system, some scholars believe thatthe petition system is the need for its existence should not be repealed, but in orderto maintain the unity of our rule of law, in order to ensure that the judicial authorityadvocated to retain the petition system under the premise, weaken the petitionsystem, some scholars focus on the positive role of the petition system,advocated tostrengthen the petition system. I believe that, in view of China is now the primary stage of socialism, the legalsystem buildings is not perfect. The petition system is an essential system in ourcountry, to play an important role. Petition system as a legal system long-termexistence and operation is reasonable. China’s unique socialist system is the basis ofthe existence and development of the petition system, and the same time, the petitionsystem to meet the basic needs of the situation of China’s reality, the existence of thepetition system in favor of social rights on the public authority to carry out effectivesupervision, citizen oversight of public an important way of power, corruption, makethe executive the right to exercise their powers, and earnestly safeguard the interestsof the masses, while the existence of the petition system has the constitutional basis.The petition system is an important way for citizens to express their will, seek therelief of right.But the petition system is indeed flawed and it should be reformed. I proposethe following aspects: First, improve the petition legislation, to develop the basiclegal; Second, actively learn from foreign advanced experience, build the system ofNational People Congress Commissioner supervision with Chinese characteristics;Third, specification petition process, increase accountability, clear the scope ofacceptance; Fourth, improve the social contradictions in the investigation andhandling mechanisms to reduce the number of complaint cases from the source; Fifth,strict the petition accountability mechanism to protect the petition system roleeffectively; Sixth, increase legal advocacy to improve the people’s legal awarenessand awareness of rights; Seventh, strengthen the system of the petition hearings ofthe petition system; Eighth, deepen the reform of the judicial system, weaken untildigested the right relief function of the petition system.