Theconflictionandcombi Nat Ionbetweenpetitionreliefandjudi Cialrelief

Petition relief system, a system with Chinese characteristics, mainly plays a role in political participation and supervision when it was formulated in the early stage.And now it mainly plays a part of the right to relief in the period of social transformation. Petition relief even becomes a priority relief when it is compared with judicial relief now. This phenomenon has aroused attention of academic field. What is the association between Petition relief and judicial relief, whether they can co-development or not. With the questions above, this article will not only focus on the conflicts and commons of the two systems, but also the way to link them up.The article contains three chapters. The first chapter elaborates the related concepts, the history origin and basic content of petition relief system. The petition relief system refers to a system,which citizens, legal persons, and other organizations can use to reflect things by letters, emails, faxes, telephones and visits to governments of all levels and government departments above the county level and the corresponding administrative departments which can legally deal with these problems, complaints and requests. The historical origin of China’s petition system can be traced back to China’s feudal era to Yao and Shun period and its development is a long story. The main content of this chapter contains history, nature and function of the petition relief system, and the development tendency of the two systems.The topic about whether petition relief system and judicial relief system can coexistence is being debated in the academic field. In the second chapter, the author shows the contention firstly, and then puts forward his own point. The article analyses the performance and reasons about the conflictions of petition relief system and the judicial relief system. Meanwhile, the commons between the two systems has been elaborated. In the author’s view, there are some conflictions between the two relief systems, but, it’s not necessary to weaken or even abolish petition relief system. So far, its existence is pretty necessary. The two systems can play a role in reinforcing the right relief of the citizen. The commons between them have proved this.In the third chapter, the corresponding countermeasures which aimed at remitting conflict in the two systems are presented. And the countermeasures are divided into two parts, subjective and objective ones. After that, this chapter shows the way how to link them up. In the end, it elaborates the significance of the combination of the two systems.