On The Problems And Improvement Of The Law And Norms Of Xinfang In China

According to the fourth Plenary Session of the 18 th CPC Central Committee,it is required "to take XinFang behaviors into the orbit of the rule of law and to protect the legitimate aspirations of people by legal procedures and regulations".However,there are still many legal problems existing in current field of XinFang,such as legislative conflicts,the lack of national law and accountability mechanism on XinFang,etc.,it remains to be further improved.To solve existing contradictions,settle disputes on the track of rule of law,minimize social conflicts and protect people’s legitimate rights and interests,the paper analyzes the existing problems in current XinFang regulations and norms from the perspective of legal system,and raises further suggestions based on foreign experiences.The article is divided into four parts:The first part elaborates the definition of the law and norms and the present situation of the legislation of XinFang in which consists Constitution,XinFang Regulation,local laws and regulations.The conception of definition of XinFang law: start with the interpretation of the legal principle of XinFang,theconception interpretation and scope of law and norms of XinFang.The status and its changes of the law and norms of XinFang in current law system in China: the legal law systems includes Constitution,XinFang Regulation,local laws and regulations.Discussing law changes under the theme frame.The second part analyzes the existing problems of the law and norms of XinFang from three perspectives.First,the lack of unified and comprehensive XinFang law from the overall legal system;Second,problems resulted from unspecified scope of Xinfang Regulation.Third,the XinFang law is not based on the roots of conflicts and is comparatively unstable judged from other laws and regulations perspective.The third part analyzes major "petition" legal system of foreign countries.For ex ample: in the United States,congressman has a special office and staff to deal with t he voters’ complaints.There is aspecial federal government appeal act constituting a l aw system.InSingapore.,there are strict legal system of petition involving legalizatio n of morality and increasing of social cultivation.Those are good reference for the Xi nFang legal system of our country.The fourth part raises suggestions to make XinFang law and norms more comp lete.For the above five issues,providing with suggestions and analysis of legislatio n strengthening,supplementary legislation,accountability and legal docking.Meanwhile,several reflections are introduced such as reflection of the legal system of XinFang based on the principle of the "legal procedure priority",reflection of the procedure en ding of the XinFang law,reflection of the supervision of the XinFang law,etc.