From The Legal Perspective Of Perfecting China’s Petition Work

The petition system is an important channel between the party、government and the people, an important way for the masses to exercise their democratic rights.The petition system has a rich legal cultural connotations as a special relief and has played a unique role in history. However, with the development of society and the Rule of Law proposed, the role and nature of China’s petition system changed a lot, and even becoming further and further away the concept of constitutionalism and the rule of law.In recent years, from central to local Party committees and governments regard the mass petition work as an important work. Each party committee and government regatd the petition as a biggest problem. Reflecting and solving both has many difficulties. The leaders are afraid of the petition, the masses has difficulties in petition, trying t to leapfrog petition. The petition system has some problems:Petition institutions is not in a form, large and dispersed, the lack of a rigorous petition process, the petition on the adverse effects of the credibility of the Government. The petition system is criticized for some reasons, such as the wrong function of the petition, the design flaws of the petition institutions themselves, the enormous economic pressure by the pressure petition system, judicial substantially independent.The petition work the problems frequently, this article draws on the path of foreign similar problems, to find the way of China’s petition system. The article proposed the following improvements:1. Establishing a judicial authority. Establishing a judicial atmosphere of the final judge of authority.Combine the power supervision, social supervision and legal supervision, to promote judicial justice and safeguard judicial authority.2. Strengthen the supervision by the NPC function. The National People’s Congress Ombudsman subordinate to the supreme organ of state power. This special status facilitate its handling of anumber of different sources petition cases. The National People’s Congress Ombudsman has wide-ranging and independent power to find it’s effective solutions to a variety of cases.3. Integration of the party and government petition organs weakening there lief functions of the petition authorities. Establish mending the unified petition "window",canceling the petition internal organs of the party and government departments, timely and properly accepte the visit of the masses, assign the right to recommend and supervise, according to the function of expressing the appeal and solving the dispute of petition organs.