Research On The Right Relief Function Of Administrative Petition

The petition system of China was established in the 1950 s,which has developed for more than 70 years.The rights relief function of petition plays a very important role in protecting the legitimate rights of citizens and resolving disputes.But it also has problems,including the scope of acceptance is too large,Low efficiency in handling matters,the procedure is not legal,lack of connection with other dispute resolution mechanism.Generally speaking,the system of administrative petition as a kind of right relief is still to be perfected.In modern society,with the promote of social reform,economic development and social construction,the responsibility of government in improving people's livelihood,promote social welfare and security,promote social equity and peace become more and more important.The need for government to strengthen its own construction and improve services is constantly improving,and there will be a lot of disputes about how policies are allocated and whether effective implementation will be implemented.Such disputes is hard to solve through administrative litigation,arbitration,administrative reconsideration,to some extent also need solve through the administrative petition.This paper will combine the study of China's current legal provisions of the petition system and theory.The first part,the concept of administrative petition and administrative petition rights remedy function,combs the source of administrative petition right remedy function,and explains the existence value of administrative petition right remedy function.The second part analyzes the operational status of the administrative petition right remedy function in China,and the administrative petition right remedy function has defects in accepting matters,order,and operational effectiveness.The reasons are as follows: the insufficient protection of the basic rights of citizens,especially in the people's livelihood,in the existing countries,and the lack of design of the operating mode of the right relief function of the administrative petition system.The third part introduces the relevant systems outside the domain and analyzes the successful experience from the outside world.the fourth part to perfect the relief function of administrative petition,on the one hand,strengthen the legislation safeguard of the people's livelihood guarantees social fairness to reduce disputes;on the other hand,it is necessary to improve the existing administrative petition right remedy function dispute resolution mechanism,The first is the improvement of the acceptance mechanism.In order to exhaust existing statutory relief measures,the second is to face more and more issues concerning the rationality of the policy that cannot be solved by the adjudication method,and to build a mechanism for the resolution of a dispute,and finally,to improve the function of the administrative petition right relief function.The disclosure system for relevant information.