Research On Petition System As Viewed From Rule Of Law

Petition is a product of Chinese characteristics emerged in the social and economic development of China.It is not denied that petition; as a way of democratic supervision and right relief,plays an important role in the process of China’s rule by law. Due to some historical reasons, the completed relation between petition with policy and judiciary forces the production of the petition involved in lawsuit with political and legal characteristics, which becomes an important issue covering national economy, people’s livelihood and social stability. With the holding of the3rd Plenary Session of18th CPC Central Committee and the2ed Session of the12th National People’s Congress, China has introduced a series of institutions adjusting and regulating the petition, among which, the highlight is the proposal of the separation of lawsuit and petition, bringing the petition involved in lawsuit into the rule of law.Basing on the separation of lawsuit and petition, this thesis try to provide feasible suggestions for future development of petition by profoundly exploring its legal and theoretical foundation from the perspective of law as well as making summarization and conclusion combining the reality in petition practice.Structurally, this thesis consists of four parts:The first part is the overview of the inter-relate studies between petition system and the rule of law, by enumerating two opinions about the relations between petition system and rule of law, for concluding that the petition system should be developed in the vision of rule of law. The second mainly combines the practice of the petition system which includes the separation of lawsuit and petition and the prohibition of violent obstacles on petition, for exploring the connotation of rule of law. The third part is clearly defined the scope and nature of the petition which is on the basis of improving petition system after the separation of lawsuit and petition, for letting the petition back the situation it should be. The fourth part discusses the way to combine petition with rule of law and makes suggestion for the legislation and normalization of petition by researching the connection and coordination of petition with administrative reconsideration and administrative litigation.