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Research On The Legal Procedures Of Petitionin

Posted on:2022-05-30Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhengFull Text:PDF
GTID:2556307055451794Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The letter and petition system is a social dispute resolution system with great characteristics in China,and has always played an important role in the resolution of social conflicts and disputes.The Fourth Plenary Session of the 19 th CPC Central Committee clearly put forward the requirement of "promoting the modernization of the national governance system and governance capacity in the new era and improving the letter and petition system",and the reform of the rule of law of the letter and petition system has become more and more urgent and important.The legal procedure of letter and petition is an important part of the letter and petition system and a key part of the reform of the rule of law of letter and petition,but many problems have been exposed in its operation practice,so this paper starts a systematic study on the legal procedure of letter and petition.This paper starts from the concept of legal procedure of letter and petition,and defines the concept of legal procedure of letter and petition through connotation and extension,and the right of petition and legal procedure are the basic connotation of the concept of legal procedure of letter and petition.The connotation of the concept of legal procedure of letter and petition provides the basic direction and requirements for the improvement of the legal procedure of letter and petition.Combining the connotation of the letter and petition legal procedure with the current operation practice of China’s letter and petition system,the extents of the letter and petition system can be determined as the letter and petition acceptance procedure,processing procedure,final procedure and supervision and examination procedure,and the rules and regulations on letter and petition in these four procedural stages are standardized and sorted out,and the system contents of the current four procedures are discussed.Through the definition of the concept of letter and petition legal procedures,the basis of regulations and the content of the system,many problems of China’s letter and petition legal procedures can be found: in the acceptance procedure,there are many confusing acceptance agencies and the scope of acceptance is general;in the processing procedure,there is insufficient impartiality of the processing agencies,insufficient openness of the processing procedure and insufficient participation in the hearing procedure;in the final procedure,there is a lack of specific content of the review and review,and the review and review agencies do not match the practical needs;in the supervision and inspection procedure,there is a mismatch between the review and review agencies and the work In the final procedure,there is a lack of specific content of the review and review,and a mismatch between the review and review institutions and the practical needs;in the supervision and assessment procedure,the supervision and implementation are insufficient and the assessment standards are unreasonable.These problems in the legal procedures for letter and petition seriously affect the rule of law operation of the legal procedures for letter and petition,and are important issues that need to be faced in the reform of the rule of law of China’s letter and petition system.In view of the problems in China’s letter and petition legal procedures,this paper analyzes and combines the current letter and petition as well as the actual situation of legal system construction in China to improve the letter and petition legal procedures one by one in order to realize procedural justice in line with the characteristics of letter and petition.In the acceptance procedure,we should scientifically integrate the institutions for accepting letter and petition and further clarify the scope of acceptance of letter and petition matters;in the processing procedure,we should establish a letter and petition processing system with the NPC’s letter and petition department as the core,establish an information disclosure mechanism for letter and petition processing,and improve the hearing system for letter and petition;in the final procedure,we should improve the specific provisions on the review and review procedure and increase the authority of review and review institutions;in the supervision and examination procedure,we should strengthen the authority of letter and petition organs to In the inspection and examination procedure,the supervisory power of the l letter and petition organs is strengthened and diversified evaluation standards for letter and petition work are built.Through these improvement measures,the legal procedures for letter and petition with Chinese characteristics will be continuously improved and the rule of law of the letter and petition system will be further enhanced.
Keywords/Search Tags:Right of letter and petition, Procedure of letter and petition, Procedural rule of law
PDF Full Text Request
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