Research On The Legislation Of Letters And Visits From The Perspective Of The Rule Of Law

Petition system,as a kind of special rights appeal mechanism,is the product of institutional environment of the construction of legal system not sound in our country.However,petition system constantly transcends its permissions,interfered in the operation of the judicial system,caused a series of social problems.In recent years,there has been a growing demand for revising Regulations on Letters and Visits and constituting the law of letters and visits.Based on the methods of historical investigation,comparative analysis etc.under the rule of law perspective,this essay introduces the establishment,development,and present situation of petition system in modern China,analyses how to reset the function of petition system and which problem legislation need to solve in the first place,affirms the necessity and feasibility of the legislative of petition,and gets this article the conclusion:I approve of constituting the law of letters and visits,and try to find an effective path for the legislative of petition in our country based upon comparison between the legislative of petition in China and foreign countries.The whole argumentation is to be carried out in the following four parts:Part one focuses on the general introduction to the present petition system,defining the letters and visits,combing petition system historical development vein,relocating the function of petition system.Pass this,try hard for having a macro grasp of the letters and visits system in China.Part two focuses on an analysis of the present petition legislation,exemplifying the existing problems in the present legislative of petition,the letters and visits departments function positioning,procedures of petition,the relation between petition system and the other legal way.All of those are urgent needs to solve by the legislative of petition.The article analyzes the feasibility condition of the legislative of petition from the law,political,practice,theory.Part three is focused on the experiences and inspiration from foreign petition cases.By general introduction and outlining of the similar petition systems in other countries,this part is to list the useful experiences based on the practical policy in China.Part four from the perspective of the important content of the legislative of petition,proposes that legislation should be perfected to establish a system which is guided by constitution and is constituted by the law of letters and visits.This part is mainly to solve these problems,including the letters and visits departments function positioning,determine the scope of the letters and visits,clearly stated the procedures of petition,set up the exit mechanism,and make it clear how to regulate responsibility.This thesis innovation is that research perspectives have certain uniqueness.Although some scholars carried on the thorough theory research on improving the petition system,putting the legislative of petition under the rule of law perspective is deep re-consideration.I hope this article may provide a new theory for the research of this field.