The Way To Guarantee Citizens' Right Of Appeal Stipulated By The Constitution

The right of citizens to appeal stipulated in Article 41 of the constitution of China refers to the right of citizens to appeal to the state organs and ask them to deal with their legitimate rights and interests,which are infringed by any state organ or state functionary's illegal and dereliction of duty.The citizen's right of appeal stipulated in the constitution is a kind of comprehensive and right relief right in nature.The content includes the appeal in legal proceedings and the appeal in non legal proceedings.Accordingly,under the mode of relative protection of constitutional rights,the framework of our country's right relief system is designed uniquely: the protection of the right to appeal in legal proceedings mainly depends on the trial supervision system such as administrative reconsideration,administrative proceedings,appeals in civil and criminal cases and appeals;the protection of the right to appeal in non legal proceedings is mainly the petition system.This paper mainly discusses the related problems of complaint petition in the realization of citizens' right of appeal.Administrative petition is almost a "way to win the bottom",for the already perfect guarantee system of the right to appeal in legal proceedings,as an ADR type complementary administrative means,petition is complementary to the use of judicial means to relieve citizens' right to appeal,but sometimes it is irreplaceable.The system itself shows its unique advantages such as filtering mechanism,supplement mechanism and difficulty handling mechanism.On the one hand,the unique effectiveness of this system design stems from the internal motivation of the petition system,such as citizens' trust in the differential government,petition pressure system relief,etc.On the other hand,it embodies the comparative advantage of the way.From the relief scope,way,effect and other aspects of administrative litigation,administrative reconsideration and other comparative analysis,analysis of administrative petition complaints in particular aspects of the overwhelming competitive advantage of the objective reasons.However,in the practice with Chinese characteristics,the petition system and the rule of law have a "friend as well as enemy" relationship,which makes it face practical difficulties in the function of right relief.The specific performance is as follows: complaints related to the maintenance of public welfare should not be included in administrative petition complaints;administrative petition complaints and application for performance of legal duties are intertwined;petition procedures lead to administrative reconsideration and administrative litigation Loss of litigation relief.The restrictive factors of this dilemma include the imperfection of the guarantee system of citizens' right to appeal,the design of the end system of petition and the closed relief circuit,and the benefit of the classification of administrative petition.From this,we can see that in practice,administrative letters and visits are not only faced with defects in ideological understanding,but also with difficulties in practical operation.As a special institutional arrangement to protect citizens' right of appeal stipulated in the constitution,letters and visits still need to be improved.That is,on the basis of improving the legal rank of letters and visits,we should build a complete relative guarantee system of citizens' right to appeal.Through trying to reform the three-level ending process,break through the closed relief loop,and promote the legal reform of the procedural system of letters and visits.In addition,while strengthening the system construction of letters and visits,we should promote the gradual reform of the classification of Administrative Letters and visits.That is to say,the classification of petition list and channel diversion can not be carried out in a big stride at this stage,and a specific cultivation buffer period is needed to realize the transition,such as targeted identification and improvement from the acceptance scope and intervention points of the connection.Through the above paths,we can promote the implementation of citizens' right of appeal stipulated in the Constitution and realize the guarantee of basic rights.