On The Complaint System Through The Fields Of The Rule Of Law

Letter petition system exists under the background of the legal system in our country, which lies in all sorts of deep reasons during the social transition. It is considered as a way of right-expressing; a means to the right remedy and a mechanism the settle disputes. However, the later two effects work much more. In this paper we know many defects of the letter petition system as a means to the right remedy and a mechanism to settle disputes throughout investigating the present situation of letter petition and related data analysis in county GuiYang, Hunan province. According to the defects, we put forward innovative research on the petition system under the government by law. The author applied a broader thinking method and stood in a higher starting point to think about the inner and born characteristics of some defects of the petition system. Under the situation of constructing socialism government by law, we should redefine the petition system and take legal actions to remedy rights and solve social disputes, which are the important symbols of society governed by law. Based on such a concept, the petition system should be defined as information platform for the public, not the entity of right remedy and dispute-settled. As to the cause of the petition, a system to solve these problems is necessary. First of all, make the people have the consciousness to remedy rights and settle disputes with the hands of law. Secondly, improve people’s political participation and broaden the ways of right expression. Thirdly, enforce the ability of administrative reconsideration and law enforcement of administrative organs, and promote the level of administration by law. What’s more, set up the authority of the court, and consider it as the last scherm for right remedy. At last, innovate the mechanism of dispute resolution and diversify the resolution.