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The Boundary Of The Civil Petition Right

Posted on:2014-01-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2296330425479184Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Petition, as the most traditional and convenient way to expresspublic opinion is the last stand for people to protect justice. Under thecase that a lot of people were reported to be sent to the jail or announcedto be psychopath, how to define the petition right boundary, standardizingadministrative organs to exercise power and protecting the petition rightbecomes the topic of people. This paper will discuss the petition rightboundary and come up with measures to protect petition right on the basisof knowing the right of petition.The first part of this paper introduces the conception andhistory of petition and analyzes its attribute of right and legal ground.Petition is different from appeal or sending letters or emails toauthorities to express opinions or complaints. This paper will do adetailed comparison on them. Attribute of right can find anexpression in remedy, supervision and procedure. Analyzing theattribute of right is to define the right boundary and ensure theachievement of right better. Petition has its legal ground and itshould be protected by law and administrative organ has no right toviolate.The second part describes the current situation of the exerciseof petition and analyzes the essence through phenomenon. There are three problems in the civil petition right exercise. First, it’s hard forpeople to use petition right. Second, the result of petition is not goodenough for petitioner. Third, petition damages the legitimate rightsand interests. Besides, malpractice exists in the administrativeorgans when they deal with petition. For example, they areirresponsible. To show social stability and achievements, theyintercept the petitioners and even detain the petitioners illegally,which damages the petitioner’s legitimate rights and interests.The third part talks about right boundary of petition. First, it’stry to demonstrate that right exercise through right and right, powerand power conflict. Second, find the content of petition right throughthe current laws, and the law have authorized to the administrativeorgans and the complaint reporting handing office.The last part is talking about the measures which can ensure theachievement of petition right. On the basis of five different subjectsin the petition, there are five measures. First, petitioners shouldprotect their legal petition right actively. Second, administrativeorgans should do their duty to help protect people’s petition right.Third, the nation people’s congress can do something to protect thepetition right. Fourth, judicial office should punish the behaviorwhich damages petition right. Fifth, the Supervision of social mediashould be used. The interaction of these measures to protect the citizens petition right to the final implementation.
Keywords/Search Tags:Petition, Letters and visits, Right boundary, Right’sachievement
PDF Full Text Request
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