Thinking Of The Rule Of Law In China's Petition System

The system of letters and visits is an important political system with of distinct sinitic characteristics. It has enormous effect on the process of democracy and rule of law in China since it was set up. Writer hereby is planning to give a serious discussion about this system from the view of rule of law.The system of letters and visits gets profound foundations of both culture and practice to support it's existence in China. It was regarded as a specific mean to settle disputes, give voice to people' will and make political participation available. As china entering into modern society, the consciousness of rights of citizens has been awaken, the legislation is of connatural vice and the authority of jurisdiction has not been established, all these factors make the system of letters and visits more flourishing.However, the development of this system also brings many new problems, as it's possible threat to the authority of jurisdiction which may be viewed as the most negative effect on the rule of law. It is also be criticized for making arbitrary decision personally, inefficient and unprocedural, which raises fireworks about whether this system should be kept or not.The first thing we have to do to solve these problems is to redefine the position of the system in the whole organizational legal system. We have to realize that it is the lose of the authority of jurisdiction that gives chance to the development of the system , which contrary to people's former consideration that the system of letters and visits has a minus influence on the legal system. So the wisest choice is not to establish the monopoly of the judiciary power by governmental force, but to search a new way to combine the system of jurisdiction and the system of letters and visits to achieve the rule of law.The existing system of letters and visits in our country indicates that it has unique advantages in protecing private rights, expressing public will, promoting legislation, innovating new system and so on.. Meanwhile, we cannot ignore that there are so many flaws in this system as illogicality of the frame of the system, lack of procedure and low-level of it's workers that need to be reformed.Accordingly, in writer's opinion, the most significant thing that our society should concern is the establishment of constitutional system, instead of appealing to abolish the system of letters and visits. As to the details of the reform of the system, writer conceiving a new arrangement named the system of supervisory commissioner which using the gold experience of western country in setting parliament supervisory commissioner for reference to improve the old system of letters and visits. At the same time, basing on the practical situation of our country, we should develop the system of people's congress meeting which is the essential political system, make commissary professional, so to load the responsibility of letters and visits on right person and create a spring for the development of the system of letters and visits.