Study On The Rule Of Law Of The Petition In Jiangsu

The petition,as a system of China's national desire express and resolve disputes,is significant to China's construction of democracy and rule of law.In recent years,the socialist concept of rule of law continues to put forward,and the rule of law has become the basic strategy of the Communist Party of China in managing state affairs.This study will discuss our current petition system in a legal perspective according to the logic and thinking of rule of law.With the constant changes in contemporary society and the growing awareness of the rights of our citizens,it is unable to solve legislative defects and judicial authority slump.At the same time,it is objectively resulted that petition plays an important role in resolving social conflicts,stabling social order,etc.,but also academic controversy is caused in which the biggest confusion is oppositions and inter-mediation between the petition and the rule of law.In the current background of vigorously strengthening the rule of law,the rule of law which is closely related to the process of the rule of law state,construction society with rule of law should be included in the top of China's political system design.Fourth Plenary Session " Decision" proposed that putting the petition into the orbit of rule of law and protecting the legitimate demands in accordance with the provisions of law and legal procedures can get reasonable results.The "Decision" indicated that the next phase of reform petition exploration direction,but also the future of basic petition work guidelines.The present study considered that whether the performance of the current petition work was satisfied through the analysis of the unconstitutional petition system in the institution establishment,working system,working mechanism and other aspects;proposed that the rule of law was a breakthrough point of petition reform.Establishing the rule of law thinking,clarifying the boundary of petition using rule of law,determining the petition work rules were the right way of reform petition,and the foundation content of the construction of nation's rule of law.The articles showed that petition law reform had been rapidly advancing into the fast lane through analysis of problems and causes of current Jiangsu petition practice,carefully considering a series of initiatives,such as the separation of current litigation and petition,establishment of complaint classification list and guiding the masses to progressively petition.From the optimization of the performance appraisal system,to vigorously promoting the online petition,"sunshine petition",then to exploring the means of social forces to participate in the petition to resolve conflicts,Jiangsu as the representative of all level government explores the path of reform petition around the rule of law,continues to broaden the reform petition ideas and gradually forms a petition reform route to crack the petition problem.Finally,the study proposes that only using legal thinking can overcome the difficulties of reform petition;petition function can be realized through firmly establishment of the rule of thinking,protection of the rights of thinking,thinking power constraints and procedural thinking,application the rule of law thinking in resolving social conflicts and maintaining social stability.Deepening the reform of the rule of law petition system needs laworientation.Petition system reform problems can be ultimately solved complying with the requirement that statutory duties must be done and no law cannot be done.The petition system can be further promoted in the rule of law process in accordance with realization of the rule of law based on the petition,institutions of the rule of law,the function of letters and calls of the rule of law,acceptance scope of the rule of law,processing standard and laws of rule of law.