Research On The Right Of Petition

Based on the right of petition as research subject, various aspects of the right of petition are elaborated clearly and the theoretical connotation is clarified. on this basis to the construction of the petition right, some points are put forward to make the theory more perfect, hoping to solve the emergence of the social problems at present, and promote China’s human rights construction and constitutional building.The first chapter is the theory elaboration of the right of petition, includes not only the description of connotation of right of petition, but also historical factors and realistic factors that why the right of petition can exist. It is displayed through history, petition right is necessary part of human rights, human rights is the performance of the subjectivity, petition right has the immutability, inevitable with human production and produce. Real value to the right of petition is benefit for the construction of constitutionalism and can promote constitutional pursuit of a variety of value, and promote the formation of the rule of law.The second part is mainly discussed the construction and the problems of right of petition under the current Chinese social status. The loss of ideal is the most important problems on the construction, what involves the citizen’s belief and inner identity to law. The system is not perfect, what is not conducive to the petition behavior of the real protection, this kind of the exercise of the right is hard to get the protection of the law, and won’t get national recognition; this kind of reality is hazardous for the construction of the right of petition.On the base of the second chapter, the author improves the construction of the right to petition at this stage of the system status now. Both the idea and the social management system innovation. The more important is the principle that judicial organs should work as a final dispute bureau, the principle has the right of petition can exercise temporarily from the judicial limit, and prompt the right of petition dispute finally into the orbit of jurisdiction, guarantying the right of petition not expressly provided at present, judicial is still the last defense method to solve social problems.