Study On The Predicament Of Chinese Petition System And Legal Regulation

The petition system with Chinese characteristics as a political participation and rights relief system, as a characteristic of a socialist political system in China, a public opinion expression mechanism, the petition system plays an important role in the powers of supervision, the right to relief in real life. The petition system exists in a unique form as early as in ancient China. After a recent development, the petition system is gradually established, and in the maintenance of social stability, playing a positive role in reconciling contradictions and promote social development. After a recent development, the petition system is gradually established, plays a positive role in maintaining social stability, reconciling and promoting social development. But in recent years, With the rapid development of our country’s economy bring the growing conflict of interest, system transition rules which are caused by lack of corruption, the emergence of phenomena such as social injustice, More and more social deep-seated contradictions reflected through the petition system, Especially in recent years, the consecutive peak of petition has seriously affected the social stability, The petition system has fallen into an unprecedented predicament.Faced with such situation, the petition system reform is imperative. Based on this, according to my own experience, starting from the analysis of the basic concepts of the petition, the historical origins and basic functions of the petition system, Further expounding the historical difficulties for the petition system in China at present, and on the basis of grasping the history, the current situation and function of the petition system in China, analyze the reasons which make the petition fall into troubles deeply at the present stage, Such as the function dislocation of the petition system, deviated from the development of the rule of law; Legislative status of the petition system is lower, the petition institutions is too complicated, the concept of Legal system is fading, the role of man plays an great role and so on; Besides I Introduce the other foreign similar systems, such as The Swedish ombudsman system, the British Council Chief Ombudsman system, the Japanese affliction processing system,the Germany’s administrative complaint system, the Taiwan’s petition system, I combined with the China’s political and economic environment, seeks the way to help the petition system get the rid of the dilemmas from the view of jurisprudence:firmly establishing the authority of judicial, drawing up the "Petition Act", establishing the system of the National People’s Congress petition, Innovative the mechanisms of institutional, bailing out the legal regulation to help the petition system get out of dilemmas.