Research On The Legal Responsibility Of Petitionin

The current petition system,mainly based on the regulations on petition work,supplemented by the local regulations on petition of provincial administrative units and the regulations of the relevant departments of the Ministry of public security and the Ministry of justice,provides an institutional basis for the construction of China’s petition legal responsibility system.Legal liability of petition refers to the corresponding legal liability that the subject of petition activities should bear due to violation of relevant laws in the process of participating in petition activities.It is a comprehensive legal liability with equality,compensation and punishment.In addition,as a unique legal liability,the legal liability of letters and visits also has the characteristics of complexity and systematicness.The legal liability of letters and visits is composed of the main body of responsibility,illegal act,damage fact,subjective fault,causality and other elements,which is realized separately or intertwined in various forms through the forms of administrative,criminal and civil liability.According to different subjects,the current legal liability of petition can be divided into the responsibilities of petition organs and their staff,petitioners,organs and their staff that lead to petition matters or have the right to accept and deal with petition matters.According to different forms of responsibility,the current legal liability of petition can be divided into administrative legal liability,criminal legal liability and civil legal liability.The evolution of legal liability for letters and visits can be traced back to 1976,and can be divided into five stages according to the different characteristics of the development process.At present,according to different subjects,the legal liability of petition can be divided into the responsibilities of petition organs and their staff,petitioners,administrative organs and their staff and other specific subjects.According to different forms of responsibility,it can be divided into administrative legal liability,criminal legal liability and civil legal liability.There are many problems in the legal liability mechanism of letters and visits.The specific manifestations are as follows: first,the current division of responsibilities and authorities of the petition department is not clear,second,the legal responsibility accountability procedure of the petition is unclear,third,the accountability organization and supervision mechanism need to be improved,fourth,the petition Department lacks real power and unbalanced allocation of rights and responsibilities in its work,and fifth,there are still defects in the construction of the petition staff.In view of the above problems,corresponding improvement suggestions are put forward: first,strengthen the implementation of the party’s leadership over the petition work and grasp the correct development direction;second,optimize the allocation of rights and responsibilities of the petition organs,such as appropriately giving the investigation power to the petition organs and optimizing the allocation of rights and responsibilities of the grass-roots petition organs;third,refine the existing legal provisions on accountability,such as clarifying the principle of imputation and implementing the list system of petition responsibilities;fourth,strengthen the construction of the ranks of petition workers.