Study On Citizens’ Rights Relief And Protection In The System Of Petition

The petition as with Chinese characteristics civil rights relief system, work in day-to-day practice plays an important role in the judicial relief supplement. The petition in the history of our country long-standing, to shun period, letters and in various forms in the public participation,’appeal activity plays a different role. After the founding of new China, countries pay more attention to the letters in the right relief within the scope of the function, through the establishment of institutions and regulations on letters and make further.Currently our letters there are three main types:participation class letters; and no class letters; litigation petition. For which the class visits and never litigation petition is the main part of our annual letters. Current system of handling the important function of two:a reflection of public opinion and right relief function, among them, and to give the relief of civil rights as the main role.Although the petition system can give relief of civil rights leader, to master the social dynamics, understanding of the people’s livelihood, however, due to various reasons, was immersed in the predicament of letters and visits system hitherto unknown, the specific performance:the present petition cases involving the content is too wide, while the state of the scope of accepting cases and made no formal rules; in the accepting the case, because the central of every local government put forward to want problem digestive in basic requirements, around the petition number into the local government performance appraisal system to around, according to letters to local ranking, so that each local government adopts various measures to reduce the local complaints, including push, resistance, save, specific place still used extreme violence means to prevent the petition to the rights of citizens, again causing damage; and everfount visits to the country again presents a dilemma:" rule of man" and" rule by law" the paradox, the social practice, varying degrees of judicature in China authority and judicial independence caused negative influence, and judicial authority weakened, causing the quantity increase, make" The rule of law" cannot thorough common feelings of people, so again, forming a vicious spiral; there is not a perfect system of letters and visits, appeared a lot of department functions overlap, the petition staff cannot find the responsibility main body, cannot resolve the petition problem.Therefore, by petition and administrative litigation and administrative reconsideration relief comparison, coupled with an understanding of the western countries on a similar petition relief system characteristics, Chinese petition system needs to solve the current difficulties, the better for the citizens to provide relief, must take the necessary measures, first must be clear about the petition system in our country the civil right relief in positioning, and then to the planning system, to delineate the scope, set up a special petition mechanism, establish special regulations, ultimate goal is through judicial means to resolve the petition problem. In order to better safeguard the legitimate rights of citizens from infringement.