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Thoughts On Legislation Of Petition

Posted on:2017-02-28Degree:MasterType:Thesis
Country:ChinaCandidate:L LiFull Text:PDF
GTID:2296330485974059Subject:Law - Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
As a unique system, Petition, plays an important role in the civil participation of the governance of state and social affairs, offering related suggestions, ensuring the legitimate rights and interests and so on. However, the abnormal growth of relief rights function in the development of petition causes the endless emergence of the related legal rules, bloated structure of the petition, vagueness of the petition process, and difficulties of ending petition. It is urgent to legitimate and integrate petition, remodeling the functions of petition during the process of system design and practical actions because the independent system design of different department can hardly handle the situation of petition.Due to the wide content, chaos, exclusion of judicial function from petition, the petition must be legitimated. The relative experience and legal system accumulated in the development of petition provide guarantee for the legitimation of petition. Therefore, the legitimation of petition, which is the unity of need and feasibility, is accordance with the development tracks of petition and the Chinese current targets of constructing a society under the rule of law. However, the legitimation of petition is beset with difficulties, including the passivity and chaos of the legislative of petition, the shortness of the procedure of relief rights, the bad linkage between petition and relief system, which cause the non-rationality of the system design of petition, and the flaws in the judicial system, the low-cost of petition, the citizens’ complex of a clean government, the gambling interactions between the above and the lower level government, which lead to the generalization of the operation of petition.What the important problem is how to break down the obstacles and legislate petition. While examining Chinese petition system, the present paper studies petition system in Sweden, the ombudsman system in Britain, the citizen complaint system in German and the administrative talk and complaint system in Japan. Learning from the above system, the current study gives five advices for petition system, which includes legislating a unified Law of Petition, realizing the seamless joint between Law of Petition and related laws, establishing people’s ombudsman institution, perfecting the system of petition system and cultivating citizens’ legal thinking and legal sense.
Keywords/Search Tags:Petition, legitimation, Ombudsman system, Grievance procedure, Appeal system
PDF Full Text Request
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