On The Perfection Of Petition System Involving Law Enforcement

Complaint Letters and Visits involving law enforcement means the petitioner's suggestion,comments,complaints,charges and offence reporting against the courts,the prosecutors,the public security organs and the administrative department for justice.Compared with the general petition,it has specific subjects,law-related contents and specific handling departments,and can be divided into petition involving the courts,petition involving the prosecutors,petition involving the pubic security organ and petition involving the administrative departments for justice.Perfecting the petition system involving law enforcement is conductive to building a harmonious society,safeguarding the legal rights of the masses,advancing the process of the rule of law.There are obvious defects with the currently existing system of complaint letters and visits of law enforcement,such as legislative system is incomplete,entitative and procedural requirements as well as legislative technique is imperfect,operating mechanism is multiple,methods dealing with the petition is improper,job security is insufficient,oversight responsibility is not completely carried out.To probe the reason,the main factors including that the law enforcement official has wrong concept,the mass consciousness of rule of law is faint,the petition system has a dual nature and is not completely accord with the spirit of the rule of law,the principle of judicial impendence is not totally guaranteed,the designed system of retrial is unreasonable,the evaluation mechanism is imperfect,the short term cost dealing with petition is too high,the efficiency of maintaining rights according to law for the petitioners,which belong to the vulnerable group in society,is too low.Therefore,it is necessary to perfect the system of complaint letters and visits.Firstly,the correct concept of petition work should be established,such as rationally treating the petition behavior of the masses,exactly positioning the function of petition work,enhancing job security.Secondly,the legal awareness of the masses,including the government officials should be further strengthened.Thirdly,it is essential to perfect the legislation by drafting the law of petition in order to sound the entity and procedural regulations.Fourthly,it is necessary to regulate law enforcement,to integrate petition agencies,to distinguish petition items,to reform the retrial system,to improve the validity of ADR besides retrial system.Fifthly,the illegal petition disciplinary mechanism should be established to maintain the stability of the society.Finally,it is essential to perfect the supervise and relief system of petition in order to strengthen the supervising and relief of petition.