Research On The Reconstruction Of The Case Scope Of The System Of Letters And Visits

The petition system is a Chinese has the characteristics of political system,is one of the forms of constitution petition,which is an important channel for people to express their demands,is an important channel for the government to understand social problems,is the national relief and public relief self unified system,is an important supplement to judicial remedies.At present,China's reform is the key to tackle tough period,various social contradictio ns,urgent and effective way to resolve social conflicts,but the current China's petition system is not perfect,the scope is too broad and abstract specification,petition case by fuzzy procedure,repeated by the case by case,nonstandard phenomenon is serious,the pressure but the actual petition to resolve social conflicts are limited,far did not reach the expected purpose of the establishment of the petition system.Deepen the reform of the petition system,regulate the scope of the petition case,has become the consensus of the theoretical and practical circles.Under the guidance of the rule of law,the petition system reform,reconstruction of the scope of the petition by the case,so that the petition by the standardized,systematic,in order to tr uly play the function of the petition.Imminent reform of the petition system,petition case scope should be standardized,this paper intends to administrative law and constitutional law as the foundation,based on in-depth analysis of the scope of the cur rent petition system,the scope of our petition to put forward some suggestions for reconstruction.This paper is divided into four parts,the first part is a brief overview of the letters,petitions,letters and visits,the scope of acceptance and accepta nce issues,distinguish between petitions,letters accepting matters,petition accepted the scope of the three,analyzed the relationship between the petitions,letters and visits,the petition admissible matters the jurisdiction of the three;the second part introduces China's petition case range lead to problems: the number,size,repeated by the case is serious,the petition authorities mutual responsibility,by the case petition procedures are not standard;the third part of the petition by the wide case analysis,that the petition case confusion has its petition positioning is not accurate,the legislative defects,reasons and the petition authorities to avoid the risk of mutually making excuses,the deeper reason is the influence of official standard,the administration of justice thought,not a tree Legislative authority,the people lack the sense of constitution and legal rights awareness.The fourth part is to petition by reason,confusion of the case from the outside to the inside,put forward four suggestions: first,establishing the petition scope of exclusionary rule,to grasp the more accurate positioning;two,develop petition method,in order to improve the petition system,regulate the procedure;three,deepen the reform of the judiciary,judicial authority and judicial credibility.To guide the public to seek judicial relief in the infringement of rights;four,strengthen publicity and education to help people establish the constitutional consciousness and awareness of rights according to law,completely solve the problem of confusion and Petition Petition does not believe law.