The Analysis Of The Petition's Problem From The Functionalism

To some degree,the existence of the petition system dissolves social contradictions in this period of social transition.However,“small petition,big problem”,no matter in theory or practice,petition is a tough challenging problem.To solve this problem,in chapter five of the fourth quarter,“Decision of the Central Committee of the Communist Party of China on Some Major Issues Concerning Comprehensively Governing the Country according to Law”specially points to legalization of the petition.But Legalization of the petition does not mean legalization of all types of petition.Now the petition office is gradually using “mediation and management by law” and “distinguish different nature cases by law” as countermeasures to the ambiguities of the acceptance scope and the responsibility boundary of petition.In view of this,Basing on the comprehensive recognition and properly position of petition's functions,it will be more of practical significance to divide existing letters and calls cases into law related type,administration related type and law and politics related overlapping type.Law related type must be ruled by law:administration related shall be handled by the administrative divisions abiding with procedural rule of law rather than substantive rule of law.Due to its dual nature,law and administration related overlapping type can be dealt with combination of law control and policy-directed guidance with the purpose of institutionalization,standardization and routinization of system.