Research On The Governance Of Illegal Petition Behavior From The Perspective Of Holistic Governance

As a system design with Chinese characteristics,the petition system has played an important role in public opinion expression,right relief,contradiction resolution and power supervision since its establishment in 1951.In recent years,a large number of reasonable demands of the masses have been solved properly,lots of entangled petitioners through education have stoped petitioning,the general situation of petition has begun to change to positive aspects,but in practice,because of some objective or subjective social factors,a few petitioners are out of balance,“trusting petition rather than law”“trusting profit rather than reason”“trusting superior rather than inferior”,in order to reasonable or unreasonable petition demands abuse petition rights,not according to the legal procedure,specified place,or the legal way to appeal to an organ or organization which has the right to handle petition matters.on the contrary,they repeatedly petition,kinkily petition,leapfrogged petition and collectively petition by the deliberate,ultra,relevant laws and regulations expressly restricted or prohibited means,Seriously disturbing the petition order,work order and social order,damaging the credibility of the government and legal authority,and very easily producing bad demonstration effect like “bad money drives out good”.Therefore,how to effectively govern illegal petition behavior and guide petitioners to return to the normalcy of lawfully petition,step by step petition,orderly petition,rationally petition are the key and difficult points in the process of comprehensively implement the rule of law.The research according to the holistic governance theory,deviance and game theory,legal sociology theory as the foundation,based on a clear definition and distinguish the connotation and extension between “abnormal petitioning” and “illegal petitioning”,deeply elucidates the characteristics,reasons and harms of illegal petition behavior,comprehensively sorts out the system basis related to the governance of illegal petition behavior,learns from the practical experience of governing petition in accordance with law,puts forward improving the holistic governance path of illegal petition behavior from the five aspects of objective orientation,institutional norm,mechanism innovation,technology application and duty performance.The objective level should persist in people-centered concept and earnestly solve the reasonable and legitimate interest demands of petitioners;the institutional levelfocus on improving and implementing the petition law,classification processing system and closing petition system,etc;the mechanism level advocates innovation about psychological adjustment,departmental linkage,hearing deliberation,punishment for break faith and value balance mechanism;the technology level emphasizes the use of “smart petition” big data analysis platform,the online disputes resolve platform and petition index application system;the duty level pays attention to enhance the masses and cadres' consciousness to petition and govern petition with the rule of law thinking and ways,expecting to fit into the new requirements of petition risk governance,form a new pattern of co construction,sharing and sharing,promote the level of modernization in petition governance and social governance,propel the law-based government and society ruled by law construction,constantly increase people's sense of gain,well-being and security.Illegal petition behavior governance is a long-term and complex system project,which is not accomplished overnight.We must hold on the holistic governance thinking to advance lawfully petition,lawfully handle petition and lawfully govern petition,implement “three in place and one in processing”,in order to fundamentally reduce the illegal petition behavior and give full play to the function that the petition system should have.