On The Perfect Of The Petition System

China’s petition system has a long history, tenaciously developed to prove the inevitability and necessity of its existence from a practical point of view, in view of the shift in the relationship of the current petition system and judicial system, the petition system also face many awkward predicament, The perfection of the petition system is imperative, but how to improve in order to both comply with the current political system, China’s national conditions and consistent with the concept of the rule of law? This paper attempts to solve the problem.This paper is divided into four parts. The first part of the petition system Overview. The first part described the origin of the petition, which evolved into the modern "petition","petition" from the ancient "letter" Yi Concil petition similar system development, and then after the founding of New China,"letters and visits" eventually evolved into the "Petition"; elaborated the concept of the petition system and from the broad and narrow perspectives; After the founding of New China, the course of development of the petition system developed to sprout from the20actual1950s during the Cultural Revolution have been seriously destruction,80s return of normal development the Petition Ordinance introduced in1995, the Petition Ordinance amendments to the2005, the petition system has been growing; finally elaborated petition system functions and rights of democratic participation relief functions and the petition system twice function alienation.The second part is the plight of the petition system. This section explains the petition system is currently facing the embarrassment, including the the petition system into the larger social costs, output more new petition system paradox, and social interaction petition led to a lack of programmability irrational Complaint Letters and Visits large number further confirm the presence of the shift in the relationship between the petition system and the judicial system, and other people in the face of the petition asylum petition governance means difficult to obtain judicial relief, in the presence of a legal petition governance process enclave.The third part is the causes of the plight of the petition. First, the influence of the traditional legal culture, people overly dependent Petition way to petition channels crowds, social management had to strengthen the petition the social resources into, including the upgrading of the the petition department administrative specifications, to expand the powers of the petition departments and expand the consequences of the investment in the people further believe that such a right to relief ways effective, resulting in the generation of the petition system paradox; Secondly, the petition configuration of power decentralization, the petition lack of programmability, and induced objective petition the possibility of abuse petition right; judicial power, the lack of true independence, organizational power and financial power of the court personnel are subject to the administrative system, which the courts could not have an independent jurisdiction, Complaint Letters and Visits Finally, there are a lot of fundamental reasons; populace selection petition ways, is convinced Petition pathway behind the administrative authority, not convinced petition institutions, lack of social credibility of the petition agencies directly result in a legal black hole Petition asylum the petition governance means.The fourth part of the petition system is perfect idea. The part of the first argument the petition as a human right, and then elaborated compatibility between the petition and the rule of law, which is an important prerequisite for perfecting the petition system from a human rights perspective; Second, the analysis of a the extraterritorial similar system of objective learn, after comparison This paper argues that the French system of administrative adjudication of the petition system to improve the most reference; Chinese historical backgrounds and cultural traditions of France, though not the same, but the good running of the French administrative court system, the practice proved viable internal checks and balances of the executive power sex. Since the internal checks and balances of the executive power is feasible, especially administrative country like China, the construction of a system similar to the French administrative court, petition agencies and People’s Court the administrative judicial institutions merge into the the petition court system to resolve administrative disputes based all kinds of letters and questions are equally feasible. Since the decision makers and the public recognize letters and complaints system is indispensable, the perfection of the system of letters and visits should flow to fight the petition system is embedded in the legal system. While administrative proceedings, the number of enrolled a serious shortage, wants to come; the other side, the petition route overwhelmed, a hotbed of activity. Administrative proceedings can be separated from the existing People’s Court system, the establishment of a special the petition court system is similar to the French administrative court system, independent of the People’s Court system, the case acceptance threshold to be substantially lower, down to almost no threshold directly accepted all kinds of administrative proceedings and petition disputes, specifically assume the original administrative judicial functions petition system in settling disputes. So, on the one hand, to meet the people rely on the "petition" demand, on the other hand to achieve a petition processing procedures, administration of justice and the rule of law, so as to check on the executive power to the executive power under the administrative jurisdiction, in reality sense than weak judicial power to balance the strong executive power a little better.The part of the proposed establishment of the the petition court system envisaged:1, the petition court of the nature and scope of the case. Our the petition court should have the administrative nature of the court, its judicial powers attribute prevail attributes, and executive power under the quasi-judicial powers; the petition court accepts the case the threshold is to be substantially reduced, directly accepted all kinds of administrative proceedings and petition disputes bear dispute resolution in the original administrative trial functions and petition system.2, petition the organizational structure of the Court and the trial-level hierarchy. The petition court of organizational system can the petition court by the Supreme the petition court and local levels. The local the petition court divided the county level grassroots the petition court, the Intermediate the petition court and the provinces, autonomous regions, municipalities directly under the Central Government level and municipal senior the petition court. The highest petition the President of the Court shall be appointed by the Premier, the Premier of the State Council is responsible for. Advanced the petition court, the Intermediate the petition court and grass-roots the petition court president and vice presidents are superior the petition court appointed from local personnel changes.3, the petition court’s basic principles:First, the Petition Court of Justice unified, the second the petition court of independence. The local petition the trial court from local party, government authorities intervene only operational guidance by superiors petition Court curb local protectionism justice. The petition court personnel rights, financial rights by the Supreme petition court unified control, the financial funding of the the petition court should be countries central fiscally responsible, petition the President of the Court, the vice president of the judge and do letter personnel selection, training and appointment by the Supreme Petition Court of unified management, no longer subject to local control.4, the petition court to establish a business triage mechanism.5, the petition court to both the information transfer function of the petition system. The section concluded that the petition system perfect sync with social change, and social development to solve the problems in the practice.