The Study On The Right To Petition Of American Citizen

The right to petition originated in Medieval England with a long history.After long years of baptism,the righ t to petition gradually m erged with its unique social and political and cultural genes,become a vital rights that Am erican citizens have and was includ ed in the United States' bill of rights.The right to petition of Am erican citizens are mainly based on the principle of people' s sovereignty,representative theory and rule of law,and have the functions of assisting citizens to participate in state politics,supplementing representative government,realizing the spirit of the rule of law and safeguarding th e rights of citizens.In the decades after the estab lishment of the right of petition in the Unite d States Bill of Rights,US citizens are widely used in political and daily life.Howeve r,in 1836 the “jaw la w” is promulgated,the right to petition has become a mere scrap of paper.This also raises people's thinking on how to exercise and how to protect the right of pe tition.On the one hand,we shoul d fully protect the rights of citizens to exercise the right of petition.On the other hand,it should be restricted according to certain principles and rules to prevent and control the abuse of the right of petition.At the same time,we com pared the petition system of the United S tates with petition system of Germany and Japan and China which reveals th e impact and developm ent of the right of petition has its unique historical background and by American democracy.Democracy is the eternal theme of constitutional government,and the United States is no exception.However,democracy in reality and de mocracy in the ideal still have a certain distance.Under the representative dem ocracy,there is the danger of producing unrestricted majority domination and abuse of governm ent power,and the right to petition with the possession of a democratic gene is one of the effective contributions that govern the situation.For this reason,the right of citizens to petiti on has played an im portant role to develop democracy,control of governm ent power and th e construction of civil society in the United States,and ultimately contributed to the unique American constitutional government.