Petition The Rule Of Law

Complaints by correspondence is an important society culture phenomenon .In China's long history.When there was the country, there appeared the Complaints by correspondence. However ,the system of Chinese characteristic Complaints by correspondence in the full and modern meaning was set after the foundation of the new China. It was considered as a special means of human rights redress and politics participating .this mean was created by Chinese Communist Party and is a symbol of the government of Chinese Communist Party.This article argues that the right of Complaints by correspondence is people's basic human right .It means that, the nation is the main obligation subject to guarantee the realization of people's right of Complaints by correspondence. Besides ,the system which protect people 's right of Complaints by correspondence should not be abolished.What we need to discuss is how to set this system more scientifically and how to make this system according to law and more reasonable.Most of the Complaints by correspondence are related to the power,and what the subject of Complaints by correspondence points to by and large is power. This article put forward that put Complaints by correspondence monocracy has three essences: Firstly, it can helps to set up a scientific mechanism to deal with the interest dissension. Secondly, it can explore the scientific mechanism to redress the human's rights.Thirdly, it is an effective approach to make all the people participate in politics. To make Complaints by correspondence according to law, the key point is to the perfect the process of the interest distribution and right redress.In the second part, this article briefly introduces the demos' appeal in several main countries of the world.It argues that all the demos' appeals can offer us some reference as follows: (1) the settlement of demos' appeal and interest dissension needs other approaches except for the judicature redress,it is the important basement for our present system of correspondence to continue to exist.(2)Other redress institution besides judicature redress institution must be dependent and authoritative,this is what our present appeal institutionmostly lack of .(3) the National People's Congress and the representatives of the NPC must be made full use of to desolve people' discontent. (4) law experts should be the main members of the redress institution besides judicature redress institution .(5) the redress besides judicature redress must be flexible and brief, it will be meaningless to exist if it is complex.In the third part, this article introduces the actuality of Complaints by correspondence in our country,and it points out that the lack of system of Complaints by correspondence can cause the following sequent: the increasing Complaints by correspondence will impact local government especially the basic regime; challenge the central authority; weaken our effort to realize nomocracy; bring great pressure to the capital and each province.The breaches to solve this problem are as follows: the first one is' exerting power by law,the scientific process what power exertion needs should be specially emphasized. The second one is to build up justice 's authority. The third one is bringing the NPC and the representatives of the NPC into full play ;The fourth one is promoting independence of the Complaints by correspondence institution.Different from the opinion of other experts on Complaints by correspondence, this article support the legislation on Complaints by correspondence, It argues that the aim of the legilation on Complaints by correspondence firstly is to protect the complainers' rights, let them reflect problems freely and easily, solve their problems as soon as possible, and stop the action of striking and preventing. The aim secondly is to construct reasonable order of Complaints by correspondence, reducing people's making trouble willfully, striking state department, blocking the traffic, and avoid complaining a second time without any reason or appeal to many places.The law's value is law's soul, this article advances that Complaints by correspondence should set up the following basic goals of value: Firstly, the chief goal is to carry out people's right in the constitution, this is the ultimate value. Secondly, correspond with Complaints by correspondence in unification , avoiding several different policy for Complaints by correspondence exist at the same time. Thirdly, solve dispute in a orderly process ,step by step. And the redress of people's rights should be in time and effective, people's participating in politics should be guaranteed orderly. Also , the justice authority should be ensured. On the foundation, in the sixth part, this article put forward which lawsshould be established or be improved.