The Constitutional Construction Of Petition System From The Perspective Of Petition Right

Complaint reporting refers to the citizens,in the form of letter visits to the relevant authorities,such as administrative organs,judicial organs to present an opinion,criticism,Suggestions,requirements and complaints,to participate in national affairs management and the realization of the aim of the maintenance of their rights,and it is right to petition letters this citizen letter by visiting reflect the opinion and the suggestion,request shall have the right to authority to deal with the corresponding requirements and the process of citizen rights and interests maintenance system and the connotation of the core.Petition system as a feature of our system,between the system run more than 60 years,expand people's democracy in form,broadening the channels for people's relief,the forming mechanism of democratic supervision,ease social contradictions disputes played an important role,is China's important supplement of the democratic political system.But because the letters and visits system in China in the beginning of establishing is not connecting with the rule of law construction of our country,just as part of the party's mass work,only after reform and opening up gradually became a kind of citizen participation in politics and relief channel,so in practice complaint reporting system with the constitution and the law is not tight.Petition rights in our country and the constitution article 41.The provisions of the citizens' basic rights has a very strong correlation,by comparing the clear right to petition is a constitutional basic rights attribute of a kind of civil rights,the constitutionality of the petition system provides a method to realize this,can from the constitution attribute of right to petition,gradually set up around the petition rights as the core of institutional building,finally form the implementation of the constitution.According to this,in summarizes the basic theory about the right of letters and visits,made clear their constitutional status,and then explore the current status of letters and visits system in China in the protection of right to petition,from the legislation safeguard and the analysis of system guarantee,in certain nearly 60 years in our country legislation and system construction of the handling of complaint reporting,at the same time should also see lack of letters and rights protection in our country,especially thedisconnect between specification and constitution,sums up the legislation of our country to the guarantee of right to petition legislative level is low,there is no clear will be fixed,the basis of the constitution In the system,there is no constitutional review of the legal norms of letters and visits,no constitutional guarantee of the establishment of the institution and the work mechanism.Through the relevant classes in Germany,France,Japan a complaint reporting system,can draw on some experience of letters and rights protection in our country,and eventually formed through the guarantee to realize system about the right of letters and constitutionality,including establishing law system of rules and regulations,safeguard the right of letters and the law,and integrated into the constitution basis,clear complaint right constitutional status;To establish a constitutive review mechanism of the relevant complaint reporting regulations;In the reform of national institutions,the letter and visit institutions are designed and perfected in accordance with the constitution.We will adjust the relevant regulations on the mechanism of complaint reporting in China,ensure the efficient and orderly development of the complaint reporting work,and earnestly safeguard the right of citizens' petition and related legal rights and interests.