The Rule Of Law From The Perspective Of Institutional Research

The current thesis is based on an analysis on the petition system, covering its definition, function, causes, existing problems and the relative solutions. The author also proposes some suggestions and solutions in the legal practice of the petition system by making comparison between the Chinese petition system and the concerning systems in the western world. According to the thesis, the author holds that the conflicts and dissensions arisen from the petition work should be resolved through shunting by the dispute processing program. In the meantime, the long-term national legalization and social management should also be taken into consideration. By this way, the complex system of petition---parties’ criss-crossing in litigation, mediation, administrative reconsideration can be avoided. It is also suggested in the thesis that the legal duty and consequence should be further clarified to further standardize and legalize the petition system. At present, strict regulation of the petition work is still in great need, which results in the lack of authority in litigation, mediation and reconsideration. The further consequence is that people’s conflicts can not be solved in an effective manner, thus adding cost to the parties and wasting the resources of the state agency. Therefore, the primary task is to reform the petition system in the judicial organization. What’s more, efforts should also be made to connect the petition system with the judicial system, through which the parties can get more thorough judicial relief, with the justice claim enlarged and guaranteed. By the legal transfer of the authority in the conflict-resolving process, the unshakable authority of the court, the final resort of conflict-resolving, can thus be established, through which the entire democratic legal process is promoted. As far as the current situation is taken into consideration, the author makes no stand in solutions like weighing, recruiting to arm the petition agencies. It is preferred by the author that the structural reform in the petition system should be carried out step by step with the general purpose of desalting the petition awareness and weakening the petition functions.