Petition Under The Rule Of Law Possible Paths: Political Functions Of Stripping With Ease

Petition system is a typical legal system with Chinese characteristics, it used to play an important role in the protection of citizens’rights and interests in. Although in history, complaint once play its public opinion expression and function of political communication, made great contribution to China’s democratization process. But today, we have to face a problem, namely the petition system plays a more and more important function of right remedy has been the impact of legal system modernization in China, about the legitimacy of social governance. In view of the petition system faces the dilemma, petition system theory have also been major changes. To solve this problem, this paper argues the petition system should not be simply abolished, but it must be reformed to make it into the rule of law into the overall governance framework. Petition system should not be abolished reason:as a way to express the opinions of the masses, the petition can close the party and the government and the people of contact-from this perspective, the petition system logic of political legitimacy rooted in the socialist regime is, as long as China still adhere to the socialist system, it must adhere to the basic principles of the ruling party ties with the masses, while the petition system as the ruling party ties with the masses of way can’t be repealed. However, the petition is not the official national rail system within the rule of law, and the petition system itself there are many problems, and therefore, the petition must be reformed. This paper argues that the petition system reform should accomplish the following three tasks: first, the correct positioning of the political function of the petition, and stripped of their as central to the game, the lower the burden on the invisible political party and government organs of the game, to restore political rights as citizens oversight Attributes. Secondly, judicial review as the core, the establishment of diversion mechanisms petition cases-will be involved in a lawsuit class letters, Private damage class petition in judicial solution. Finally, strengthening the petition system, liaison and interaction mechanisms and political consultation system of People’s Congress, to explore the democratic practice and exploration in line with national conditions.