Legalization Of Sight Problems And Solutions Grass-roots Petition Work

The petition is a special kind of social phenomenon in the development of Chinese history and culture through the ages, has been playing an active role in the civil and political participation, public opinion, expression and the right to relief. However, with the rapid development of today’s economy and society in the period of social transformation, China’s social strata occurred structural changes highlight the imbalance of the interests of the community structure of various social problems, conflicts, citizens to defend their rights to further enhance awareness, lead to sharp increase in complaint cases, and non-normal petition and even mass incidents have occurred, the stable development of the social impact of the negative effects of the petition becomes increasingly obvious. The current petition processing principles and accountability system at the grassroots level government are to carry the heavy responsibility. The issues that arose in the petition system is imperfect and running, to a large extent contrary to the original intention of the design of the system and impede its normal functioning, is also incompatible with the construction of the rule of law. Value of the existence of the petition system is being questioned.Through the analysis of the present situation and problems of our petition problems, this paper argues that the petition system has existed in our country for a long time. Its existence also has a sufficient legal basis and foundation in reality. However, social channels to express their opinions are far from efficient. Quitting this system is unrealistic. Whether its disadvantages can be gotten rid, and its positive role adequately will be able to play a key role in the petition are included in the track of the rule of law and reason, institutional innovation to strengthen the petition political participation and demands expression, that is, in the framework of the rule of law, build a new Petition mode and means smooth channels of expression of public opinion. At the same time, reform of the judicial system and legal amendments, improve the socialist rule of law, the establishment of judicial relief, letters, mediation and other non-litigation forms to supplement the civil rights of relief channels to promote the rule of law.This paper is divided into four chapters:Chapter1, Introduction. This part describes the writing background, research direction and literature review. The controversies of its reform are in need, and in the consensus of the community, but how to reform is a matter of opinion, the formation of multiple points of view:Some people think the government should weaken the officials’ power, some people think it should strengthen the citizens. People think that it should be included in the wider context of handling contradictions and disputes. The sound of contention, I also found the common speculation within the framework of the rule of law, the front line in its direction, its basis of the petition system reconstruction.Chapter2, the petition system’s generation and features, will focus on its concept and development history and find their legal basis, and analyze the features that include two aspects, namely political participation and demanding expressions, the right to relief and resolve disputes. Thus summed up the characteristics of the petition system:it contains both institutional and separated from outside the system; it is a complement of the "non-normal" system; petition-processing results are not mandatory.Chapter3, the grass-roots petition, is historical and institutional reasons, the petition system is running a number of issues, has seriously hampered the realization of the rights of citizens:the petition function dislocation, the current one is carrying too much unreasonable liability; petitioner,"not a law believer", organizes the government complex well, but has weak legal consciousness; petition mediation caught in the weird cycle; not regular petition problems. The main reasons, the paper argues are:its concept of the existence is of errors; its imperfect legislation; the complaint authorities lack offside; its "accountability" is ineffective, its procedures of the authority of the administration of justice are gradually falling off the standard and dissolved and so on.Chapter4, This paper attempts on how to reconstruct the petition system, under the rule of law perspective, and put forward their point of view. First of all, improve it at the petition legislative level; Secondly, we must strengthen the demands of the petition expression, reduce its relief function; Third, to explore the establishment of the Supervisory Commission of the National People’s Congress system with Chinese characteristics, improve the relevant supporting systems. In addition, we also believe that it should improve the behalf of the Administrative Procedure Law, Civil Procedure Law, the Administrative Review Law and other relevant laws, to smooth judicial remedies, in turn, also it will also reward to its development of its core functionality.