On The Governance And Reform Of Complaint Reporting In The Process Of The Rule Of Law

Complaint reporting severs as an unique political,legal and social issues of China, which has aroused the much concern from the public, especially the theory circles. This thesis attempts to track back to the history of complaint reporting from the "complaint reporting boom" with three times since the establishment of The People's Republic of China, combines the function design of complaint reporting with the operation mode of it to analysis the deep-seated problems of complaint reporting issue, re-examines the legal position of complaint reporting in the process of the rule of law, and puts forward some advice on the system reform and governance of complaint reporting.After new China was founded, "complaint reporting boom" with three times came into being successively with the transformation of society,politics and economy. The first time turned up during the period of the political mobilization ,which is the concentrated reflection of the establishments improvement and norms of complaint reporting. The second "complaint reporting boom" appeared in the period of bringing order out of chaos, and complaint reporting shouldered a special historical mission. The third" complaint reporting" emerged in the period of social transformation , embodying the difficult exploration of the system in the process of the rule of law. The three times " complaint reporting " in China came forth during the period of the significant transformation of society,politics and economy, with its characteristics, and it exerted a significant impact on the development of complaint reporting. Making a comparative analysis into the three times" complaint reporting boom ", we can get some in common. First, the formation of every "complaint reporting boom" is closely related to the major changes of social system. Second, the governance of every "complaint reporting" experienced varying from encourage,tolerance to divert and strict monitoring process. The resolution of every "complaint reporting boom" has caused the complaint reporting system to be further optimized.Complaint reporting system, an unique political and legal system of China, has its objective necessity as for its creation and existence. To understand the point, we must analyze the reason from the angle of the functional design "why complaint reporting occurs?". We must admit complaint reporting plays an important role in political participation,rights of relieve and resolving the disputes to meet China's special needs of social governance."Why is there complaint reporting "and "Why is there complaint reporting boom "is a issue with different dimensions. The form of "complaint reporting boom" is the result of the complaint reporting beyond the functional design. The formation of "complaint reporting boom" is largely caused by the "unspoken rules" which supports the operation of complaint reporting. Those issues as follows are delicate: people for complaint reporting is vulnerable groups or not? How to for the Central government to balance between democracy and stability? The reason why for the local government to handle the complaint reporting in a dilemma? The reason why dislocation and absence for the complaint reporting organs coexist. How complaint reporting gradually evolves from letter,visited,repeated visit,leapfrog visit,group visit to group conflict? The issues as mentioned above is the reflection of interests game between people for complaint reporting,local government and central government. Complaint reporting boom not only brings tremendous waste of public governance resources, but also brings a great national loss of political authority, and it hinders the process of the rule of law in China.Theoretical circle has much controversy about how to reform the complaint reporting system, which has affected the decision-making of the central government and the process of complaint reporting by the rule of law. There is no doubt about the orientation of rule of law as for the reform of complaint reporting system. At the macro level, we should re-examine the right for citizen to complaint reporting and its system with the rationality of the rule of law and make some reforms from the three aspects as follows: the philosophy of the ruling party, the strategy of governance and the political system of nation. In concept level, the petition system, we must focus on the factors outside the complaint reporting system to promote the reform of judicial, administrative relief and reconciliation mechanism. We should grant parties more,thorough judicial relief, strengthening the ability for administrative reconsideration institutions to resolve disputes, to fulfill the transfer of the authority of settling disputes. At the micro level, we must implement the reform of complaint reporting system with the rule of law as its content. The need for the rule of law as the petition system reform. In the short run, the palliatives to the strategy is to relieve the party and government departments at all levels and decompress the related citizens to reduce the size and negative impact. The medium-term strategy for the integrated management system is to make the complaint reporting system unimpeded. Long-term fundamental strategy is to dismiss the complaint reporting organs of the government departments at all levels, and entitle the people's congresses at all levels to bear full responsibility for settling the complaint reporting issues and establish the organizations for upholding their interests.