Study On The Orientation Of Petition Relief In The Right Relief System

The system of petition is a system with rich Chinese characteristics and democratic functions and rights relief.However,with the change of the times,the function of democratic politics is gradually weakened,and the right remedy becomes the main function of the petition system.At present,the total amount of letters and visits in the country is much higher than that of administrative litigation and administrative reconsideration,and petition relief has become the most popular relief in the right relief system.However,because the petition relief bear too much which is not within the scope of the system of relief tasks,so there has been a paradoxical situation,on the one hand the party and government organs in the petition continue to cost on the issue of human resources,financial resources and governance resources,on the other hand,the party and government petition institutions in a variety of entanglement,callout,profit visits and skipping visits,repeat visits becomes more and more helpless,having no way to govern,petition has become a major trouble in the administration,reform and improvement has been urgent.In the face of the plight of petition relief,the theoretical circles have appeal to cancel the petition relief,or regarded litigation as the only institutional symbol of modern rule of law,and the popularization of justice as a monopoly way to improve citizens' legal consciousness and procedural concept,Urgently through the improvement of various formal rights relief mechanism to replace the petition relief function;or some countries similar to the petition relief ADR model as a solution to the petition relief a good medicine,simply advocate the direct transfer of other countries advanced rights relief mechanism,give up the existence of the system Not smooth,the program is unknown,poor operation and other issues of petition relief.This paper puts forward three parts of the above counterpoint by means of comparative analysis,empirical analysis,value analysis and historical analysis.First,whether it is a wide range of contradictions and disputes to solve the concept or the modern state "good law good governance"??Ideas indicate that countries will pay more and more attention to the use of consultation,equity and other technologies to achieve satisfactory rights relief in dispute resolution.Petition relief conforms to the concept of modern rights relief and the political concept of building a people-oriented harmonious society.You can find theoretical support.Second,the traditional non-literate culture,the imperfect construction of modem rule of law and the existence of a large number of vulnerable groups under class differentiation provide realistic demand for the retention of petition relief.So the existence of petition relief is fully justified.Third,litigation and other formal rights relief mechanism is a more universal and equal instrument created by the state in order to achieve better governance.It is not the only way to achieve fairness,freedom and justice.Petition relief can be used as diversification Dispute settlement of a way to other rights relief mechanism to form a useful auxiliary and supplement.And the direct transplant of other countries non-litigation relief mechanism of the proposal ignored the ADR model established a specific environment,the lack of a global concept and development perspective.ADR model of the specific rules and institutional settings are countries and regions in accordance with local laws,humanities,economy and other environmental use of integrated science and technology design,many are still self-adjustment,we can not only with our country system and similar,Blindly think that which ADR model is more suitable for China's national conditions.Therefore,I believe that in our soil in the birth of the petition relief more in the right relief system to find the right living space.Through the reform of petition relief,its scientific and rational positioning is a more realistic approach.Most of the current research on the positioning of petition relief only focus on the petition system itself,from the historical,constitutional,legal,legal sociology and other aspects of argument.But petition relief is not an isolated system,and its future development and positioning will have an impact on the entire rights relief system.Therefore,this article uses the systematic analysis method to discuss the relationship between the petition and other rights relief mechanism,and tries to get out of the petition system itself,and explore the reasonable positioning of the petition relief in the right relief system with the view of the macro view:the petition relief should be the right Relief system necessary supplement,auxiliary mechanism,and other rights relief mechanism to build a standardized,reticulated,comprehensive rights relief system.In order to achieve this reasonable position,the author discusses the plight of petition relief in the last part of the article and puts forward some suggestions.In conclusion,this paper takes the reasonable positioning of petition relief as the research object,and uses a variety of research methods to analyze the petition relief mechanism from the perspective of the right relief system.The purpose is to provide different perspectives to provide limited suggestions for the reasonable positioning and perfection of petition relief,so as to build our ideal rights relief system.