The Disposal Of Troubles And Countermeasures Study Of Law-related Petition In China

Law and petition are the two main ways of right relief currently.The original design about petition is as a kind of auxiliary system,but its intrinsic attributes of convenient makes it gradual expansion to a system as well as law.Since the eighteenth national congress of the communist party of China,the process of our rule of law has been speed up and the resolve of social contradictions and problems will mainly rely on the way of the rule of law,some problems of petition gradually appear in the process of rule of law.Petition is not completely conflict with the rule of law,and we can find that key problem is law-related petition which affects the rule of law.There are an immense number of academic articles about petition,but only a few studies is on the law-related petition.Through distinguished among law-related petition,litigation-related petition and administrative petition and combined with the research category in this paper,the author pointed out that the law-related petition in this paper is a petition outside the legal process.The parties concerned in those cases which have been or should be resolved by judicial organs or administrative organs,or have already been taken Into the proceedings,refused to accept the result of the case process,or don't reach the goal for petitions and complaints about judicial organs and administrative organs.The law-related petition is mainly refer to the complaint reporting of national party and government organs.Although the words law-related petition produced in modern society,but the practice can be traced back to the feudal society.The author reviewed and explored the overview of Chinese ancient law-related petition,the evolution of the Chinese modem law-related petition,the development of our country contemporary law-related petition and the current status of the law-related petition in our country.At the same time the author also researched the the practice of the party and the government for law-related petition after the founding of china,which included the establishment of the petition under the party's mass line,attaching great importance to law-related petition in the period of setting wrong things right,the specification of law-related petition by the party and the government and the management of law-related petition under the background of the rule of law recently.Through the measures above,the auther find out the troubles and difficulties in disposition of law-related petition currently.These difficulties include the four aspects of content,which is the contradiction between the trial independence and the executive power of judicial power intervention to judicial power,The way to work about the rule by man depart from the requirement of the rule of law,the paradox between a large number of petition agencies and the disposal efficiency of petition,the conflict between the requirements of stability political and the governance of petition by law.The author analysed the reasones of law-related petition from the history,culture,reality practice and the judicial system,and pointed out that we should resolve the problem of law-related petition from four aspects,which includes citizen should develop a concept of the rule of law,improve the legal consciousness,we should improve the judicial system and sets up the judicial authority in the judicial level,The government should avoid the judicial intervention and establishes the environment of the rule of law,Society needs to standardize the supervision by public opinion and strengthen the legal aid to resolve the law-related petition.At the same time we should take measures to avoid the problem been protracted.The measures includes defining the functions of lawsuit and petition,changing the function of the petition which required strengthening its political participation function and weakening its right remedy function,establishing the end system of law-related petition.Finally we should crack law-related petition problem thoroughly by two ways which are that the ruling party should set an top-down example and the government follow the rule of law program.This two measures will help us to cultivate the rule of law culture of china.