Study On Problem Of Public Security Law-related And Litigation-related Petition

With China’s rapid economic development,constant social transformation andquick adjustments of interest,the contraditions among people are increasing andbecoming apparent.Having the consciousness of civil rights and more legalknowledge,Chinese people seek diverse ways to safeguard their own rights.Under thisbackground,public security petition gained much concern from the CentralCommittee of the CCP and the whole society.Public security law-related andlitigation-related petition has its own rationality and value,but there are somedeficiencies and deep-seated problems.It is a complex subject faced by the theorycircle and the practice circle in China nowadays for keeping the balance among thepetitioners’ legitimate rights’ safeguarding,the authority of laws and judicialindependence’s maintaining and social stability’s guarantee.To our satisfication, atpresent,the reform of public security law-related and litigation-related petition andthe reform of judicial system is being carried out step by step in China.Although it isstill in initial stage,it shows us the party and the country’s determination to solve theproblem.Public security organizations, as government public administative departmentsand criminal judical authorities that are in charge of the administration of peace,criminal investigation and excution of punishment in criminal prosecution,are distributing center of conflicts and disputes from family affairs likemarital spats to the detection of murder, rape and other serious crimes of violence.Citizens choose a way of legal remedy--petition, when their problems couldn’t besolved through conventional channels of law. A large number of law-related andlitigation-related petition in case form enter the public security petition departmentsbecause petition is considered more efficient, faster and cheaper than other leagalways.Public security law-related and litigation-related petition,being far tooserious and widespread, takes people plenty of time and energy and makes muchtrouble in their daily life, which not only affects the social stability, but also greatlywastesadministrative and judicial resources, and shakes the judicial authority noteasily got. For a longperiod of time nowadays and in future, the phenomenon of petition is difficult to be and should not be eliminated immediately. We shouldimprove the petition system, strengthen itscommunication and supervision functions,lessen its use on legal remedy, and make legal reliefthrough main channel moreconvinient, so as to construct a state ruled by law, maintain the social stability andsafeguard the legitimate rights and interests of citizens. Public security petition, onlycarried out in the framework of the constitution and laws and separated fromlitigation, when the core political system returns to its proper position with petition’sassistance, can be a long-term strategy to resolve social contradictions and settle thedisputes.