Research On Petition System In The Field Of Human Rights

As a kind of rights relief system, petition system plays an important role in Right relief, social supervision and consolidated power. With the development of society and adjustments of the interest patterns, all kinds of social contradictions show on through petition system. Petition system promoted the social harmony. Because so many complaint acts, the defects of petition system reveled gradually. Some research scholars said that petition system should be abolished. I studied petition system of china to find the reform measures from the perspective of human rights. This essay is divided into three parts, preface, text, and summary. And the text consists of three parts.The first chapter is "the right of petition is human right; petition system can protect human right". The right of petition is a basic right; I expound this right from legal principle aspect and legal provision aspect. From the legal aspect, the right of petition is universal; the right of petition is a natural right; the right of petition is a moral right; the right of petition is a democratic political right. From the legal provision aspect, I find some provisions of petition form Regulations on Petitions in the Form of Letters and Visits of1995, Constitution, Regulations on Petitions in the Form of Letters and Visits of2005, and The Civil Rights And Political Rights International Convention. We concluded that the right of petition is a basic right of Constitution; and the right of petition corresponds the inner basic spirit of International human right law. It is very important to confirm the right of petition for basic human rights. It is beneficial to protecting the complainants, developing the theories of human rights, and developing the theories of human rights. The petition system has two functions, political participation function and function of right remedy. The petition system is conducive to protecting human right.The second chapter is "The problem of the petition system". This part consists of five parts. The first part is "Volume of petition cases". I investigated a lot of material and data form People’s congress standing committee of Shan Dong province. The second part is "Disadvantaged groups of the complainants",I analyses on the specific cases of disadvantaged groups. The third part is "Wide range over the issues of petition". The fourth part is "Various ways of petition". The last part is "The type of petition cases about profits".The third chapter is "Reconstruct the system of the petition system, Produce the best possible result in protecting human rights". This chapter is divided into two parts. The first part is "The debate about the petition system". Above all, I summarized the point of two factions. Next, I talked about my point of view. The second part is "The reform measures of the petition system". First, reform measures of the petition system. Second, reform measures of the judicial system. Third, reform measures of the relief system. To solve the difficulties, we should reform the petition system and other systems.