Regulations On The Improper Exercise Of The Right To Petition

The petition system,as a unique system design in China,has played an irreplaceable role in safeguarding the legitimate rights and interests of citizens,implementing power supervision,and realizing right relief since its creation in the1950 s.However,due to the influence of the system and human factors,in practice,the phenomenon of petitioners' improper exercise of their right to petition is constantly occurring.The improper exercise of the right of petitioners by a small number of petitioners affects the statutory petition system and the normal social public order.Therefore,the improper exercise of the right of petitioners must be regulated.This article considers that the improper exercise of the right of petitioning refers to the behavior of the petitioner's exercising the right of petitioning,in violation of legally prescribed rights,to perform legitimate or improper expression of interests,and cause certain harmful consequences to social public order or petitioning order.Judging whether a petitioning action is an improper exercise of the right of petitioning should be based on the four requirements of subject qualification,subjective purpose,objective aspects,and causality of the petitioning right,and make a comprehensive judgment.Based on practical cases,this article believes that the improper exercise of the right of petition is mainly manifested in three types of situations: improper behavior content,improper behavior methods and procedures,and improper behavior results.Based on the legislative and practical status of the improper exercise of the right of petition,the following problems are found in the regulation of the improper exercise of the right of petition: firstly,the scope of the improperly exercised regulation and the lack of standardization of the regulatory methods;secondly,administrative education regulation is in the form and administrative detention The generalization of regulatory application;the last is the lagging criminal regulation and improper application of extortion charges.The reasons for these problems are both the problems of the Letters and Visits Regulations themselves and the administrative organs themselves.Issues in the "People's Petitions Regulations" include lack of clarity in the scope of petition rights,lack of classification and regulatory standards,and lack of physical termination standards for petition matters.The main reason for the administrative organs' performance is that the current petition review mechanism has promoted excessive stability maintenance.In order to get rid of the regulatory dilemma of the improper exercise of the right of petition,the starting point should be to ensure that the petitioner's administrative power is supervised,follow the principle of proportionality,and effectively regulate the relief function of the petition right.Specifically,in terms of improving the system,it is necessary to specify the scope of the exercise of petition rights and clarify the connotation of the duties of administrative organs and their staff;establish a classification and regulation method to improperly exercise the type of regulation for different types of petition rights;and clarify the petition matters The termination of the entity standard makes up for the lack of a system for the termination of petitions.In addition,in practice,it is also necessary to standardize the administrative actions of administrative organs,establish a scientific evaluation mechanism of administrative organs and staff,change the current thinking on excessive stability maintenance,and at the same time strengthen education on the limited awareness of citizens' right to visit and petition,and guide citizens to correctly understand the right to petition.On the basis of exercising the right of petition in accordance with the law to exercise the right.