Research On Administrative Petition Problem In The View Of The Law-Based Government

It takes more than half century for the petition mechanism to come into being,develop and ameliorate. During this process, it has been affirmed, but also frustratedand questioned. With the development of China’s reform and opening as well as theadjustments of benefit distribution, administerial petition mechanism causedquantities of problems in practice. So the necessity of this mechanism’s existence isgetting called in question. As far as I am concerned, petition mechanism is one of theimportant parts of our socialism with Chinese characteristics. It is suitable to thecondition of China and shows the political design of democratic and constitutionalspirit. It has tremendous positive impact on constructing a harmonious society anddefending people’s legal rights. Petition mechanism can only get improved but notabolished, especially under the background of Chinese society transformation period.We have to persist on and ameliorate it, make it get improved to be jural to meet thestandard of the times. So that it can play the role it supposed to do.Recently, many problems of petition mechanism are actually caused by the faultand illegal administration from governments while they are dealing with some publicaffairs. So if one wants to solve the problems of petition mechanism radically，heneeds to start from a government with adequate legal system. The first part will focuson the concept of petition mechanism. And it will clarify the historic development ofpetition mechanism and analyze the characteristics of the definition and functions ofpetition mechanism. With all this work done, we may get a general idea about petitionmechanism. Then the essay will talk about the necessity of the existence of petitionmechanism under the background of the contemporary government with legal system.This is one of the key points in this essay and also the basis of the research.Thesecond part regards to the different perspectives about the problems of petitionmechanism in practice from the view of both government and those people whopetition. The third part will analyze the reason of why petition mechanism causesproblems in practice. The answer involves not only the people who petition but alsothe government and some other complicated causes.The fourth part will ponder overabout how to solve the problems of petition mechanism in practice from a law-basedgovernment’s view based on the analysis of the causes. From the author’s perspective, in order to solve the severe outcomes of petition, we need to solve it from the sources.And the most important source actually depends on whether the government canpromote good governance and abide by law or not. Then in the second place, we canfind reasons from the structure of partition mechanism itself. In addition, it needsexcellent cooperation from externality to solve the problems from petition mechanismin practice.