On The Predicament And Path Choice Of Chinese Petition System

Petition system functioned as a channel to collect and communicate public opinions at its very construction. But now it has gradually degenerated into an approach of disputes resolution and relief realization. Finally it is caught by the deep water of "Petition Peak", and challenged by the cause of exercising rule of law which has been advanced since reform and opening-up. Undoubtedly, Chinese petition system plays an important role in promoting democracy, touching people, conciliating conflict, citizen oversight and providing information for decision-making. But this peculiar mode has become the fetter even handicap of our judicial reform. Although it has certain existing value, especially in view of the unsatisfactory judicial fairness and efficiency, it is essentially a reflection and product of the distorted relationship between rights of claim and judicial power, the institutional design which weights the substantial justice and lights the procedural justice, and the entangled status of the trial system with alternative dispute resolutions complaint. Well, perhaps it does not benefit the development of rule of law to blindly accuse petition system’s deviation from spirit of rule of law, or purely emphasize its practical reasonableness. So it is more important to integrate the petition system into the process of rule of law as more positive and harmonious element. In this thesis, the author analyzes the petition system, finds that its logical stating point is not wrong, but its function mismatches its institutional environments. If the institutional environments are corrected, the original intention would be fulfilled. Put further, we should take existing institutional sources seriously, and reformulate them creatively in exploring the Chinese character of rule of law.Four chapters are included:In the first chapter, the author introduces the conceptions of petition system, and its type, historical change and values. In this procedure, the author makes clear that the majority problems swarming into the channel of petition system are civil rights relief problem, and the original function of connecting the people and reflecting the general will have been vitiated. However, the institutional design of petition system can not endure the task of maintaining the social stability and civil rights relief. Thus there are various contradictions and paradoxes.In chapter two, the author analyzes the troubles of petition system and their cause. Based on the summary and analysis of the theoretical disputes, the root of these troubles will be disclosed. The understanding, explanation and exploration of these questions are the basic work to resolve the petition difficulties.In chapter three, foreign civil appeal systems are introduced in order to acquire a comparative study to enlighten our petition system. In developed countries, there are analogical systems for civil appeals and administrative disputes settlement. But these analogical systems are only complements of administrative reconsideration or litigation. Owing to the perfection of other institutions, and the agency’s democratic efficiency for citizen complaints, so the petitions for individual’s rights and interests are not many.In chapter four, the methods to perfect our petition system puts forward. Petition work functions well unless it is under rule of law. We should promote the procedure of petition, straighten its relationship with other rights relief, and integrate it into the process of rule of law, so as to realize its proper values. For the sake of this study, the author adopts the historical materialism and dialectical materialism, and uses the historical study and comparative study. Through out the thesis, multi-dimensional comparative between domestic and overseas has been specified. And the author tries to take up methods from other disciplines, such as social science, politics, jurisprudence, and psychology, and balance the courage of bold exploration and the spirit of realistic science, so as to arrive at the combination of macro-level, meso-level and micro-level, as well as the unity of history, reality and the futher.