On Perfection Of The Institution Of Our Country And The Operating Mechanism

It has a long history for the petition system in China. As a system based on Chinese tradition, after the foundation of New China, it plays an important role within the supervision of powers, the voice of people, the right to relief for a long time. But with the deepening of reform and opening up, the deep-level contradictions have become increasingly prominent between society and economy, the pattern of interests adjust deeply, the gap between rich and poor grows disparity, and the conflicts among the interests of all sectors of society are becoming increasingly fierce, which result in a lot of potential problems exposed in Chinese petition system, such as:unreasonable personnel constitution; communication barriers in the management; numerous and jumbled petition authorities with different explanations for an issue; lack of complete petition system, and non-standard confirming a case. These problems objectively reflect the urgent need to improve the status of the petition mechanism. The Supervision and Inspection bureau in Yanji go upstream on, being in the forefront of the reform. After careful analysis on the recent problems in the petition mechanism, the leaders have taken a unique and innovative yet standardized series of reform measures, which just make up the defects of the petition mechanism, and fit with the current petition mechanism in Yanji. Based on the above analysis and the investigation on Supervision and Inspection Bureau of Yanji, this article will focus on the following sections:Part one:Overview of the petition system. Based on the petition system theory, first of all, it represents the concept of the petition, the background, the function and the characteristics of petition system; secondly, it introduces the function of disputing resolutions and right relief mechanism to defuse violent social conflicts; thirdly, it tells the function of administrative supervision mechanism to achieve unconventional control for the bureaucracy; fourthly, it narrates the function of policy transmission mechanism to carry out social mobilization project. Through the interpretation on the functions of petition mechanism, the petition system in general can be divided into two blocks:participation and supervision.Part two:Problems of the petition system. There exist problems in the establishment of traditional petition system. Such as, firstly, the petition authorities are under the leadership of government institutions at the same level. On the one hand, it is constrained by the executive authorities, not having played its oversight function; on the other hand, it is located in an interests intertwined network, constrained at everywhere. Secondly, the personnel composition of petition mechanism is unreasonable. To a certain extent, the petition system has rooted in the basic idea of "rule by man" with long-standing traditional Chinese characteristics, so it is a special channel for higher authorities to know the condition of people, and for citizens to redress an injustice and safeguard rights, and it also plays the roles of safety valve for the community and relieved agent for people. However, the attempt that using administrative remedies instead of judicial remedies brings about a serious consequence and objectively reduces the authority of the national judiciary. Thirdly, there exist communication obstacles in petition mechanism, which is reflected in two aspects:the channel of message transmissions and information communication. These two obstacles hinder the play of participation as one of petition mechanism functions. Fourthly, the problem is numerous and jumbled petition authorities with different explanations for an issue, and lack of petition complete system, and non-standard confirming a case, which directly leads to the petition mechanism going against its will and being short of entire systematicness. Lastly, there exists absent petition mechanism. This issue will lead to harmful consequences in terms of non-standard confirming a case and imperfect in finalization mechanism, continuous producing more serious clashes, which then results in a tense relationship between cadres and the masses, and between the party and the masses.Part three:the exploration of petition reform in Yanji. As for the current problems in petition mechanism, leaders of Supervision and Inspection bureau in Yanji make the following measures:Firstly, institutional arrangements and management. After comprehensive analysis of the present Chinese existing problems, with the propose of Yanji municipal party secretary Jin Yongmo, and the decision under the research by city’s leading group, a department directly attached to Yanji municipal party community and government establishes, and a Supervision and Inspection bureau with a bureau level in the place of previous supervision offices rebuilds. Secondly, the personnel composition. Yanji inspection leading group, headed by the municipal party committee secretary, executive secretary of the Municipal Mayor as deputy head, and director of the National People’s Congress, Chairman of CPPCC (Chinese People’s Political Consultative Conference) and director of Supervision and Inspection bureau as members, is responsible for the supervision and inspection on the implementation of the city’s priority project; All supervision cadres are young generation carefully selected from the city’s section-level reserve cadres with high level of political theory, business ability, a fine style of work. It is such young backbone cadres possessing real power, solid business ability, a fine style of work, and well behavior that improve the efficiency of petition work, resolve the contradiction between cadres and the masses, and between the Party and the masses, and create a harmonious atmosphere. Thirdly, functions of the organization. Yanji Supervision and Inspection bureau is endowed two principal functions including supervision and inspection, and cadre training. It has really turned from "mouthpiece" into "a department with real power". In the process of inspection work, it always focuses on the central task and serves the overall interests, takes the economic development, social stability and people’s livelihood practical as inspection priorities, adheres to the "four inspections", that is, directional inspection, special inspection, tracking inspection, and research inspection, trying to make inspectional tasks explicit with a clear purpose. Fourthly, the endowed extent of power. It includes the right of investigation; the right of supervision; the right of coordination; the right of participants; the right of recognition; the right of criticism; and the right of recommendations. Theses seven rights run through the entire workflow of the petition work, in other words, it is reasonable for the seven rights to exist and in line with external unity and internal logic. Part four:conclusions. Through the previous analysis, it summarizes and generalizes a few reflections about improving our future petition mechanism.