Concerning The Rights Of Petitioners And Its Legal Regulating Abuse

The system of letters and visits is a system with Chinese characteristics which, since it came into being, has played an irreplaceable role in people’s expressing intentions, protecting people’s lawful rights and interests to implement democratic supervision, As human rights in the constitution and the new regulations on letters and visits issued come on stage, the exercise and protection of the rights of letters and visits has been put on much more attention. But in recent years, because of various institutional or artificial factors, there are many people abusing of their right of letters and visits. A few letter-writers and visitors break the rules of the letters and visits procedures and ways for reasonable or unreasonable complainant, which has not only seriously interfered people’s abnormal petitions the normal work, the life order and social order, but also undermined the social harmony and stability, partly to seek for the life even way improper benefit. Therefore, these emerging problems emerge in the letters and visits provoked academic circles to debate on the right of the letters and visits, or even of a complaint reporting system to keep or argue over. But seen from the situation of research on the letters and visits at home, the most scholars would rather focus on the investigation letters and visits system itself, only than focus on the right abusing of the letters and visits and regulation of the abuse to explore the plight of letters and visits solution research is not much.This paper first chapter of the right of the letters and visits of the abuses itself is defined. First, the author made clear letter-writers and visitors’s rights, rights abuse and the abusing of letter-writers and visitors’s rights, and then introducing the performance of the abusing of letter-writers and visitors’s rights, and on this basis to further analyze the harm of the rights-abusing.In the second chapter of regulation of the rights-abusing theory and legal basis is discussed. First of all, from the social standard and the rights and obligations of the two aspects of the theory to discuss; Then it is pointed out that the regulation of the chain of the abuse of the right of the letters and visits legal basis, including a lot of the right of the letters and visits which are headed by the constitution and the regulations of letters and visits.This paper mainly discussed in chapter third is how to regulate the phenomenon of rights-abusing in letters and visits. The author thinks that, first, it should rebuild the idea, to strengthen the reshaping of citizens shall maintain their own rights consciousness, enhance the social responsibility of the people, popularize the complaint reporting function limitation and rights of relief limited education. Second, the system of letters and visits itself shall be perfect, including through the scope of accepting cases of a letters and visits, and the end of the rights abuses of the system, in the perfect disposal to achieve the complainant standard complaint reporting, perfecting the authority of the department way letters and visits system and realizing the letters and visits of the rule of law.