Study On The Right Of Petition

“The state respects and guarantees human rights”which clearly states inconstitutional amendment of2004indicates that China’s human rights protection anddevelopment has entered to a new page,as one of the important basic humanrights,the petition right has not been congnized correctly due to historical reasons andwrong concepts of people.The paper will reassess the right of petition from the respectof theoretical background,development vein and so on,meanwhile,highlight theanalysis and comparison of the right of petition and the public complaint system inChina.As a result,the author considers that the attribution of the public complaintsystem is the right of petition,then put his own understanding on establisment andimprovement of the system.The paper is divided into five parts including theintroduction and conclusion.The first part are the introduction and literature review,they analyze thecurrent situation of the research and development of the right of petition in ourcountry.The second part does up the basic theory of the right of petition fromdefining basic concepts to the historical evolution to the essence of the right ofpetition and theoretical support behind,they show a more comprehensive theoreticalbasis of the right of petition as a fundamental human right, as well as the right topetition of constitutional value in practice.The third part states the development situation of the right of petitionsystem in China’s modern political practice.Although the moving trajectory from theRepublic period to the establishment of new China twisted and turned,it has beentrying to adapt to the historical environment,as a result,establishing the right ofpetition system after founding New China.Through a retrospective review of thepublic complaint system,the classification of the public complaint matters andunscramble of Article41of the current Constitution,the paper concluds that the rightattribution of the public complaint is the right of petition.The comparative studybetween the public complaint system and the right of petition further proved thatpoint,although the right to petition in handling the differences in such aspects asdevelopment background, theory foundation, in exercising subject, but is more of thecharacteristics and properties in common. Finally,the public complaint system facing a series of challenges today,the article analyzes the reasons of the problems theyencountered.The author considers that resolving the public complaint system isinseparable from the establishment and improvement of the right of petition in China,both developments are complementary.The fourth part is the ensurance and improvement of the right of petitionsystem. Firstly, the author doubts the more popular theory"Rights into theConstitution"at present and puts forward an idea that the establishment andimprovement of the right of petition can not simply rely on constitutionalguarantees,we should base on its own national conditions,enact the single law uponthe right of petition combined with the public complaint system reform.Multi-prongedapproach is a more viable option currently.In the last of the article,the author makesjudgment on the details of the legislation during the period of enacting the single lawupon the right of petition,hoping to provide some reference to theoretical research andlegislative activities of the right of petition.