Research On H's Petition And Rights Protection Behavior

The system of letters and visits is a unique system in China.Since the founding of New China,the system of letters and visits has played an important role in conveying public opinions to senior government officials and the government listening to public opinions.The functions of the system of letters and visits are political and legal.As a political function,the system of letters and visits shoulders the functions of citizens' political participation,public opinion expression and political supervision.As a legal function,the system of letters has evolved into another way of right relief.In the process of the development of the system of letters and visits,the academic circles have been focusing on the exertion of political function and whether it has the function of legal remedy.As a system of public opinion communication,political participation and political supervision,It has made outstanding contributions to the underdeveloped Chinese society under the rule of law.The system of letters and visits is not unique to China,but it has Chinese characteristics in the design of the system,institutional settings and petition appeals.This paper explores the system of letters and visits by studying the petition path of a farmer in Y County,L Province.H is a farmer who contracted wasteland for forestry planting in the case,but in the process of issuing forest right certificate,he was refused by the administrative organ.In the case of seeking administrative relief and judicial relief,he began to appeal for decades,and eventually he was granted forest right certificate with the assistance of the administrative organ.This paper is mainly divided into four parts to discuss the problems in the complaint rights protection behavior of H.Based on the specific analysis of the complaint reporting rights protection behavior of a certain person in H,the problems appeared in the process of complaint reporting were studied,and Suggestions were put forward for the reform of complaint reporting.The first part of this paper introduces the basic situation of a case of H and the controversial focus of the case.The second part,through the analysis of the specific petition behavior of H,discusses the characteristics of the petition rights protection of H and the reasons for the choice of petition rights protection.The third part mainly analyzes the legal issues of a petition rights protection case of H.The case of H involves administrative relief and judicial litigation,mainly analyzing the connection between the system of letters and visits and judicial litigation.The fourth part,based on a case of H,studies the dilemma of the petition rights protection,discusses the problems existing in the current system of letters and visits and puts forward Suggestions on the direction of reform.This paper studies the rights protection behavior of petition in the form of individual cases,discusses the problems and necessity of the system of letters and visits through the method of case analysis,and puts forward Suggestions on the overall design of the petition system.