A Study On The Criminal Evaluation Of The Power Of Petition

With the incorporation of human rights into the constitution and the promulgation of the new regulations on complaint reporting,the exercise and protection of citizens' right to complaint reporting has attracted widespread attention.According to the regulations on complaint reporting,"complaint reporting" means that citizens,independent legal persons or other social organizations report the real situation to government departments by letter,E-mail,telephone or field visit,and put forward relevant Suggestions,opinions or appeals,which shall be handled by relevant departments.This shows that the petition is a kind of public power remedy to safeguard the rights and interests of citizens as stipulated by Chinese law.China's petition system plays a key role in protecting the legitimate rights and interests of the people and exercising the right of democratic supervision.On January 7,2014,Jinping Xi,general secretary pointed out in the central working conference of political science and law,to further improve the reform,the handling of complaint reporting to solve the reasonable demands of unreasonable demands,ideological education,to social assistance,life difficult to in accordance with the law the behavior is illegal,immediately implement the people reasonable needs,to ensure that the order of the handling of complaint reporting.However,due to the direct influence of various institutional and human factors,many cases of abuse of the right to petition have appeared in the society,which not only seriously affect the normal life and work order of others,but also have a certain impact on social harmony and stability.Therefore,the problem of complaint reporting and the continuous practice of complaint reporting have caused the debate on the rights of citizens and the system of complaint reporting in the society.This paper takes Chen's case of extortion as an example to study the abuse of petition rights in China,which is of practical significance to determine and solve the abuse cases of petition rights,and also of practical application value to promote the combination of democracy and rule of law in China and the rule of law in petition work.This paper takes the case of suspected extortion of Chen xx in Beipiao city,Liaoning province as the starting point,and studies the criminal evaluation of the abuse of the rights of petition with the basic theory.By using the method of literature research,the author summarizes the basic theories and research trends in order to clarify the nature of petition rights.Therefore,the structure of the paper is arranged as follows: the first chapter mainly introduces the research background,research significance,domestic research status,research content and innovation points;The second chapter mainly expounds the definition of the nature of the right of complaint reporting and the concrete manifestation of the abuse of the right of complaint reporting.The third chapter has carried on the detailed analysis and discussion to the Chen's suspected extortion case;The fourth chapter mainly analyzes the problems and causes of the abuse of the right to petition.Chapter five puts forward the behavior correction under the premise of maintaining social stability and the relevant judicial countermeasures under the premise of ensuring reasonable appeals.Through the study found that,in the form of punishment should not illegal petitioning behavior for the effective management way,by perfecting the legal system,starting from the legislative level to complete severely,so need to encourage innovation in the petition system reform,improve the unusual sexual put an end to the handling of complaint reporting system,improve the system implementation environment,forming perfect dispute processing mechanism,in the process of judicial work,needs to strengthen that "crime and the crime",give full play to the role proviso,on the basis of the principle of prudent criminal imputation,based on more comprehensive safeguard citizens' rights and interests.