Lack And Construction:Research On Legalization Of Petition Letter

Petition system is an institutional design and arrangement with Chinese characteristics,is the embodiment of the Chinese party's creative wisdom.It used to play an important role in maintaining close ties with the Party,the government and the people,promoting political participation and democratic supervision.Although facing with difficulties today,it still plays an irreplaceable role in alleviating social contradiction,concentrating social conditions and public opinion,and guaranteeing citizens' legitimate rights and interests.Due to the predicaments of petition system,the theorists put forward the reform direction of the rule of law.The empirical field put forward clearly "put petition system into the orbit of the rule of law,safeguard that legitimate demands can get reasonable and legal results according to the law and the procedure" in the 4th Plenary Session of the 18th CPC Central Committee.Research on legalization of petition letter is of great significance to comprehensively advance the rule of law and enhance the nation's governance capacity.At the theoretical level,this paper reviews and combs the existing research achievements with the method of literature research.Literature research follows the logic of"predicaments-generation-reform path",and understands how predicaments generate and the structural factors that restricting the reform of petition letter based on the embedded theory.This paper thinks that the current research on legalization of petition letter has the tendency of ideology.On the basis of deep understanding of the connotation of the rule of law,the development of the theory of the rule of law,the entity value and form value of the rule of law and the four variables of the rule of law,this paper analyzes the inevitability of the legalization of petition letter,thinks legalization of petition letter is a feasible reform path,and defines the concept of "legalization of petition letter ".At the same time,this paper clears the significance and value of legalization of petition letter,and put forward the basic principles of the reform of legalization of petition letter.On the basis of theoretical research,this paper analyzes the present situation of legalization of petition letter from two aspects:the static system text and the dynamic operation process.This paper summarizes the current petition system,analyzes characteristics from time of promulgation,effectiveness of the system,style of the policy,subject of the policy,and analyzes contents from the dimensions of a single text and multiple texts,sums up the current system situation of legalization of petition letter.Using multiple case study method and process analysis method to grasp the actual operation pattern of petition letter,this paper considers that the petition system shows politicization obviously and is a mode of "status" of dispute resolution,and damages the spirit of the rule of law in substitution of formal legal relief system,non procedural and non public of negotiation process,anti rule of law of agreement contents and uncertainty of effectiveness.Based on the analysis above,this paper upholds the four principles:the principle of the combination of protecting rights and interests and maintaining order,the principle of unity of substantive justice and procedural justice,the principle of the combination of the rule of law and the control of discretion,the principle of the unity of local innovation and international vision,and comes up with the specific path from the level of standard system,implementation system,supervision system,law-abiding system and diversified dispute relief system.