The Prevention And Treatment Of Collective Petitions On Administrative Aspect

Since the21st century, China has entered the social transition and the social and economic contradictions were prominent gradually as well as the numbers of collective petitions were increased. These situations affected the stable development of our society seriously. As a special form of the petition, collective petitions may easily cause the group events and social security for its radical means, large numbers and wide covers. So it attracted the attention of scholars and practitioners. With the reform of petition has been put forward in the Third Plenary Session of the18th CPC Central Committee, the problems on prevention and treatment of collective petitions were exposed. However, the academic studies have focused on the legal status and function as well as the petition system. The researches on collective petitions are presently lacking, especially from the perspective of administrative law. This paper attends to provide the conditions for the eventual solving collective petitions with the administrative law and the trend of its reform from the multiple perspectives.This paper makes a deep research on the prevention and treatment of collective petitions through data analysis, case analysis and comparative reference method. First, it describes the related concepts and analyzes the foundation and characteristics of collective petitions. Second, it elaborates two administrative and legal issues on the prevention and treatment of collective petitions. The problem lies in administrative subject and behavior. Third, it points out three causes of the collective petitions from the perspective of executive law:imperfect law, improper enforcement of administrative subject, wrong understanding of administrative counterpart. Fourth, it proposes some ideas for settlements based on executive law for collective petitions and gives practical suggestion such as improvement of law and social administration pattern.The author argues that the collective petitions would continue to exist for a long period. However, the current prevention and treatment of collective petitions are still in a big problem. This paper tries to explore some feasible programs to incorporate collective petitions into rule, which is based on reflection and correcting deficiencies, and depended on administrative law.