| The constitution of our country clearly stipulates that all power in the People's Republic of China belongs to the people and that the people carry out power through the form of the National People's Congress,and the people through the People's congresses vote npc member for their own rights and interests.But relative to the majority of ordinary citizens who are in a weak position in the vertical legal relationship,when their rights and interests are violated or they want to express their views in politics,the most effective way is the petition.In the full promotion of the critical period of the reform and opening up and the deepwater areas,the multiparty conflicts of interests overlap,the social relations of the special rights and obligations of some individuals or groups are not effectively mediated,resulting in a substantial increase in the case of petition.The State Council promulgated Regulations on Complaint Reporting in 2005.Some unlawful petitioners who do not comply with the regulations have gradually developed the concept of abnormal petitions.The abnormal petition produced some unavoidable disadvantages,such as the government office order and the harm of public safety.The social misleading of the dispute settlement way leads to the lagging of the legal function,and the more serious may affect the national security.The abnormal petition has been a major unstable factor in the state governance at present.How to effectively mediate this unstable social relationship is a major test of the current national governance power.Under the background,the legal system of socialism with Chinese characteristics has been formed,and the construction of the government under the rule of law is steadily advancing.The establishment of a good judicial order and law-abiding environment through the administration according to law is a prerequisite for reducing the behavior of the petition,especially the abnormal petitions.In the legal view,solving the petition is essentially an adjustment the rights and obligations between the visitors and the counterpart of the petition to make the rights and obligations of the petitioners and the counterpart of the petition to balance.This article uses the rule of law thinking,from the perspective of improving the government's ability to rule by law,using educational means to explore the effective solution to the social problems of abnormal petitions.The author of this article analyzes the causes and characteristics of abnormal petitions through literature research,field surveys,and experience summaries,and demonstrates the education and necessity of irregular petitioners to illustrate the education of irregular petitioners to resolve irregular petitions.The possibility of eliciting a countermeasure against the education of non-regular petitioners by summarizing the reasons for the failure of education for non-regular petitioners is summarized.This article is mainly divided into four parts:The first part analyzes the causes and characteristics of abnormal petitions.The analysis of the causes of abnormal petitions is mainly discussed in terms of subjectivity and objectivity.The subjective aspects are mainly analyzed from the perspective of petitioners,and the objective aspects are mainly analyzed from the perspective of government behavior.From an objective point of view,first of all,individual state agencies and their staff lack the concepts and abilities to administrate by law and govern according to law in the administrative and judicial process.This leads to conflict and occurrence of social contradictions,which triggers the case of letters and visits,even abnormalities.Secondly,there are drawbacks in the petition mechanism.Some assessment systems and tracking mechanisms have become umbrellas for abnormal petitioners,resulting in the intensification of abnormal petitions.Third,the orientation of government stability has led to an increase in abnormal petitions in sensitive time and sensitive areas;Due to the influence of traditional modes of thought on the rule of man,some citizens do not believe in the law,which makes the rights and obligations of the mediation of the law to be solved by using letters and visits.Subjectively,some citizens' excessive pursuit of personal interests and over-exploitation of ideas have led to an imbalance between rights and obligations and triggered irregular petitions.At the same time,individual citizens' cultural standards and qualities are poor and they cannot correctly understand their own irregular petitions severity,resulting in unusual occurrences of petitions.From the general abnormal behavior of petitions,there are several characteristics of abnormal petition behavior.First,the abnormal petitions are illegal;the second,the serious social harm of the abnormal petitions;the third,the complexity of the abnormal petitions;and the fourth,the rigorous organization and online tandem of irregular collective petitions.The second part analyzes the possibility of solving abnormal petition problems through educational methods.At present,most of the resolutions of abnormal petitions in China are analyzed from the legal level.It is a general trend of the society to resolve abnormal petitions from the judicial level in the context of building a society under the rule of law.In terms of building a socialist harmonious society and promoting socialist legal construction with Chinese characteristics,we will strengthen the legal,psychological,and moral education for abnormal petitioners,raise the ideological realm and individual qualities of abnormal petitioners,and explore a moderating masses.The current path of harmony in government conflicts is also an effective way to solve the problem of irregular petitions.This section mainly aims at educating irregular petitioners to achieve the purpose of promoting the rule of law,handling irregular petitioners using educational methods to adapt to national governance strategies,and using available psychological interventions to achieve the purpose of educating irregular petitioners,and for abnormal petitions.Personnel education can promote the four aspects of national society and individual ideological and moral level to demonstrate.In the third part,in the education of irregular petitioners,some state organs are also making some efforts and explorations,but the effect is not satisfactory.This article analyzes the problems existing in the education of abnormal petitioners from the lack of education links in the petition mechanism,the lack of pertinence of educational content,the simplicity of education methods,and even the fact that educational effectiveness is ineffective or even disjointed.The fourth part analyzes the educational countermeasures of abnormal petitioners.This article discusses three aspects: improving the ability of the government to rule by law,educating citizens on the law and observing the law,and establishing an educational mechanism for irregular petitioners.In terms of enhancing the government's capacity for the rule of law,we discuss two aspects: improving the ability to use the rule of law to solve problems and educating non-regular petitioners to achieve the goal of advancing the rule of law.In respect of law-abiding and law-abiding education,we will discuss three points from the general legal propaganda,the mobilization of advanced forces to provide education assistance to irregular petitioners,and the use of warning education to promote law-abiding purposes.In the establishment of educational mechanisms for abnormal petitioners,the analysis was conducted from the establishment of a full-time post for education,the development of a pre-job training and assessment system for full-time educators,and the establishment of a sound education system.Lastly,the theoretical induction and practical research on the education strategies of abnormal petitioners concluded that the establishment of a complete education grooming mechanism for abnormal petitioners will make the system run legal,standardized and normal.Mostly abnormal petitions can be avoided and resolved under a series of complete education measures. |
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