Theoretical Analysis Of The Petition System Reform And Path Selection

It is undeniable that the rise and the existence of the appeal system in China have their historical background. This system has in a certain period and to a certain extent, being the voice of the disadvantaged groups in society, and has played a large role in achieving social justice. It opened a door to people outside the legal system, providing means of resolving legal issues. Furthermore, it legalized public participation of the administration of justice activities. Although the "new appeal act" slightly eases on the problems on the surface, China's current system of handling appeals is overburdened with unreasonable amount of responsibilities. The Chinese judicial system has found itself unable to keep up despite of its effort and has felt utterly exhausted. Under the new historical conditions, it is necessary to reevaluate and reconstruct the foundation of the appeal act.This article reviews the appeal system's background and emphasizes the need for reform based on the basic theory. This article focuses on responsibilities of the administration, rights of the claimant, rights of the administration, functions and regulations of the appeal act. In addition this article discusses the logical existence and analyzes the causes of frequent complaints brought by the appeal act while referring to models proposed by experts and scholars and foresee potential issues that may rise during the process of reform.The goal of this article is to use both theoretical and logical analytical methods to retrospect and correct all the flaws in the existing appeal system. More importantly, facilitating public participation and improving methods of appealing to establish a new social order and gradually incorporate the new appeal act into the judicial system.