Research On The Right Of Petition

The right to petition refers to the masses through letters and petitions,to put forward the views of Party and government organs at all levels and the people’s Congress.the judicial organs and other units,criticism,suggestions,requirements and complaints,in order to realize the right of participation in the deliberation and administration of state affairs or to safeguard the rights and interests of.The complaint is the people through letters and visits to reflect the opinions and suggestions to resolve the demands of the process and system.As a kind of special political behavior,the letters and visits have a long history.To expand the channels of political participation,broadening the civil relief channels, prevention of arbitrary power and resolve social conflicts and disputes have important significance.As an important channel for the masses of the ruling party.the work of letters and visits is an important supplement to the democratic political system of China.At present,our country from the central to local has initially formed a petition legal system, administrative regulations of the State Council in 2005 revised the regulations on letters and visits to the lawful rights and interests of the protection of the petitioner,maintain order in the petition as guiding principles for the work of handling letters and visits.However, there are still many problems in the practice of it,such as the level of legislation is low, new petition regulations in the design problems;petition agencies limited powers and independence,disperse the petition,the petition authorities unknown powers and responsibilities,the petition system is not clear,the petition machine structure system disorders; the masses,not the letter of law,the petition beam people don’t press officer.the binding force of administrative act.Based on the comparison of the related system of Germany France and Japan,aiming at the shortage of the right to petition legislation.system and judicial relief.the main measures:the perfection of the legislation of protection for right of petition.strengthen the petition system construction.improve the petition right relief chain.expand citizen participation channels.