Theory Of Chinese Letter Petition System Under The Rule Of Law

It has been 62 years since the establishment of Chinese Letter Petition System, which has contributed a lot on the development of Chinese economy, politics and society. With the rapid rise of Chinese economy, however, more and more social contradictions and conflicts emerge, which makes the Letter Petition System overwhelmed. Today, the shortcoming of the Letter Petition System is gradually revealing, and there are different academic opinions on the development of the Letter Petition System. Some suggest expanding the system functions to make the system more powerful, but the others suggest cancelling the system definitely. It is really the time to make choice.Based on its nature, the paper explained the necessity of insisting the Letter Petition System in China, and suggested reforming and improving the system at the same time. Supported by the author’s working experience and abundant data collected, the running of the system in China is deeply analyzed, and several key problems are found and listed, such as the lack of a uniform law to support petition working, the definition of petition function is not clear enough, the work process of petition is not standardized, and performance evaluation system on petition working is not reasonable nowadays, etc. At last, the author gives the answers to all the questions raised.To improve the Letter Petition System, the first thing is to clarify the boundaries of the petition system and the judicial system, a clear positioning functions of the Letter Petition System. "Give back to Caesar what is Caesar’s and to God what is God’s. " While strengthening judicial reform, unimpeded access to justice, strengthening judicial relief function and improve judicial enforcement credibility. From the national level, the petition should improve legislation, to formulate a unified comprehensive " Petition Act, " while a sound working mechanism petition the government level, the establishment of early warning letters, termination letters and other systems, according to norms of the petition work to eliminate the will and the rule of man style, not to right to substitute the law powers to suppress the law and powers repealed improvement petition evaluation mechanism, reducing the pressure grass-roots petition agency, simply change the past in order to rate v. stop visit for the purpose of working methods, adhere to the law to carry out the petition work, so temporary and permanent cure. From the public level, to increase legal literacy efforts to improve national legal awareness, build and maintain the dignity of law, so that people with "legal religion " instead of "power faith, " learn to use legal means of means to safeguard their legitimate rights and interestsAll in all, the petition system in implementing the rule of law at all levels, strengthen the legal system, the only way to avoid weaknesses, give full play to the petition system in politics, the legal right to relief functions to implement fundamental constitutional rights of citizens.