Research On Letters And Complaints From The Perspective Of Functionalism

Petition as the country’s political communication, power monitoring and the right torelief is an important political system, its existence and development through a long historicalprocess, in China formed its strong foundation of social, political and cultural awareness.Since the founding of the development process from point of view, the petition system inChinese society in different historical periods different actor roles on the progress of societyhas played a positive role. Today, the petition system has penetrated into all aspects of society,more and more valued by scholars and practitioners. The study of the petition, is also a deepunderstanding of Chinese society in the process.Even in history, a visit was playing its public expression and political communicationfunction, the process of democratization in China has made important contributions. Buttoday, we confront a problem that the petition system playing an increasingly importantfunction of the right to relief has been the modernization of China’s legal system haveimpacted, tortured with the legitimacy of social governance. In view of this dilemma facingthe petition system, the petition system has also undergone a significant change in the theory:some scholars favor of lifting the petition system, some scholars and practitioners areadvocating more letters to strengthen the existing system, give the department more lettersdeal with the problem the real power. These two views, both of which are able to identifytheir own good reasons.The author thinks that, whether cancel the system of suggestion orstrengthen the system of suggestion, and eventually the objective is to out of dilemmacomplaint. To find the path out of the complaint dilemma, will be on the letters dilemma thecauses of further analysis, this is the focus of research theory. In the development course onthe letters on the basis of comprehensive study, the author thinks that, complaint in thefundamental reason for the dilemma the system of suggestion serious functional dislocation,lead to the assumption of too much should bear the legal way by the judicial and the functionof right remedy, relatively, its this should focus on political communication and play thepower supervision function serious loss. With that in mind, go out of the path of the dilemmaand complaint at a glance, i.e. to function complaint reorientation, their functions areregression, on this basis, through a series of complete system and reform finally out ofdilemma complaint. In the whole paper writing, the author of the first use of history researchmethods on the letters function in the reason of the ectopic, summarizes and then use the empirical analysis on the letters system present situation and the dilemma facing theconcluded that the complaint of the return of necessity and function complaint locationfunction organizations. Through judicial and administrative system and the comparison of thecomplaint of the function that the system of suggestion regression and the ultimate reform areinseparable from the related system perfect the system of the conclusion. Therefore, at presentthe complaint to the improvement of judicial and administrative to perfect the related systemconstitute the system reform of the recent move complaint, also is the premise of thecomplaint based out of trouble. The paper finally talked about the system of suggestion to theultimate reform. The existence of the foreign similar systems and effective operation for thereform of the system of our country the complaint provides valuable experience is worthusing for reference. In this revelation role the lead of the, the author puts forward the legalsystem, establish the complaint unified National People’s Congress of the leading thecomplaint system reform of the ultimate goal.