Study On The Construction Of The Legal System Of Petition

We now find ourselves in a period of social transition, full of all kinds of contradictions and conflicts. These contradictions and conflicts need legitimate channels for appealing and effective mechanisms for handling, and petition is one of the main forms for citizens to appeal and seek for help. In recent years, the number of petitioners has increased year after year, and a third petition peak has occurred since the founding of new China. This results from the dramatic changes in economic and social life, and also marks the awakening of the civic senses of democracy and rights. At the same time, the unreasonable and incompatible aspects of petition response mechanism become increasingly prominent. It is necessary to deal with the problems of petition in order to build a harmonious society, which can be achieved by bringing petition into the orbit of legal system.There are four parts in this article. Part one summarizes the major characteristics of the work regarding letters and visits by analyzing purpose, type, main body and pattern of letters and visits. It explains the hot topics of letters and visits, reasons of conflicts involving letters and visits and problems brought along by intensifying conflicts particularly by increasing severity of manifestation of letters and visits. It concludes that conflicts of interests and disputes shall be controlled within the framework of order. Letters and visits by the common public can be classified into administrative disputes, civil disputes and disputes relating to law in accordance with different status of parties concerned in the letter-or-visit case, which lay a solid foundation for studying the issue and ultimately solving it. Part two, by analyzing defects and shortcomings in the current mechanisms for solving social disputes, expounds why parties involved choose letter or visit to lodge their complaints instead of other possible means. It also notes reasons for growing number of social disputes reflected in letters and visits which can not be settled in a timely manner is that a systematic mechanism for preventing, controlling and handling issues of letters and visits is yet available. To this end, a complete legal system responding to conflicts of letters and visits shall be established through institutionalizing letters and visits and setting up mechanisms for eliminating social conflicts, solving disputes and handling letters and visits. Part three explains in detail principles for establishing legal system of letters and visits, which include maximum benefits, equity and justice, and people-oriented principle. These principles are of important significance for establishing a scientific, unified and coordinated legal system of letters and visits.The construction of which must be aimed at the radical reduction of the social contradictions and disputes, guided by broadening the executive channels for settling disputes, based on encouraging and supporting social mediation, with the emphasis on reform and improvement of the judicial system, and guarded by the sound petition report laws and regulations to establish law-based mechanisms for dealing with social disputes of different nature.