Abnormal Petition Phenomenon And Its Legal Governance

Letters and visits refers to the collective name of the people's letters and visits.As the main manifestation of the party's mass line,it has played an important role in listening to the voices of the people and alleviating social contradictions.In the early days,a large number of petitions were triggered at the grassroots level due to heavy taxes and fees.With the implementation of tax and fee reform,this phenomenon has decreased,but the total number of grassroots letters and visits remains high.In order to facilitate governance,the grassroots government has created the concept of “unusual petitions”,so as to flexibly change the various forms of petitioning behavior into it,and become a target of petition management.However,the concept itself lacks an accurate and clear definition.The author chooses to define the concept from both inside and outside,and based on the practice of petition management,analyzes in detail the three realistic forms of abnormal petition,namely,collective petition,repeated petitions,and petitioning;and summing up the actions of petitioners.Strategies,such as using policies and laws,co-construction and identity,and using social resources to express demand.With the accelerated transformation of society,the conflict between the accumulation of social contradictions and the lack of governance resources has intensified.On the one hand,the transformation of rural governance with the reform of taxation and fees has broken the inherent interest pattern of the village,because the petitions triggered by the uneven distribution of interests have begun to increase.At this time,the petitioning behavior of the masses began to add more initiative and tactics regardless of whether the appeals were reasonable or not.Breaking through the order of letters and visits is precisely this kind of initiative and strategic performance.On the other hand,in the face of multi-interest disputes brought about by social transformation,the state lacks authoritative channels to resolve conflicts.Not only in the judicial itself,but also in the crisis of trust,but also in the lag of laws and regulations,the petition system bears the cost of national governance transformation and is hard to return.In the above complex social background,the petitioning behavior of the masses has also begun to alienate.From the initial interest damage to the final emulation effect,the behavioral alienation is not only from the background of urbanization,the profit-seeking thoughts derived from the individualization of the masses,the stratum oppression behind the marginalization,and the concept of non-lawsuit and the blue sky in the hearts of the masses.The relationship is deep-rooted,the awareness of rights is enhanced,and the rule of law is lacking;and the alienation of petitions due to the long and inefficient process of petitioning,which leads to the petition of "communication,not trusting the letter,trusting the letter,trusting more and not believing" Spread in the middle.In order to achieve all kinds of reasonable or unreasonable appeals,to break through the order of letters and visits,and to implement various abnormal petitions has become a shortcut for everyone to follow suit.In returning to the petition system,the petition system is facing a lagging function while undertaking the basic functions of social surplus affairs.On the one hand,letters and visits are more flexible and extensive than litigation,and the threshold is low,resulting in many reasonable and unreasonable,legal and illegal appeals to the petition channels.On the other hand,although the letters and visits have the courage to undertake many social surplus affairs,they are helpless in their own systems.Limitations,the responsibility of not having the right,and the difficulty of classifying and handling the difficulties according to law,the petition authorities can not effectively channel and resolve the problem,and the mass appeals are backlogged and delayed until they are forced to perform in a confrontational manner.Normal petitioning is the right of the masses to express their appeals,but abnormal petitions have seriously disrupted social order.In practice,the large amount of human and financial resources of the grassroots government are consumed in the process of responding to abnormal petitions.In the face of complex and diverse abnormal petitions,the grassroots government's governance thinking is mainly to do a good job in the party committee and government departments to closely contact the masses and serve the masses,and to take the lead role of leading cadres,specifically in the interviews of leading individuals.Visiting and supervising,joint visits by relevant functional departments,and package of internal staff of specific functional departments,etc.,including the main cadres of the grassroots government and their mobilized resources into the agenda of solving the problem of letters and visits,and promoting abnormal petitions Efficient governance.However,from the perspective of governance practice,over-emphasizing the “territorial management” and the petition evaluation mechanism will only lead to the more emphasis and reliance on the governance of letters and visits.This “thinking” governance of superstitious digital assessment can strengthen the locality.Responsibility for letters and visits,but fundamentally deviated from the concept of the rule of law for the protection of rights,resulting in the emergence of incentives and target substitution paradox.In the new era,the reform of the petition system should adhere to the rule of law and the parallel of the mass line.Through the innovative work mechanism,the channel of letters and visits should be expanded and dredged,and the links of letters and visits should be regulated.Compared with the large system adjustment,it is a low-cost one.Path Selection.Specifically,it can be considered in both front prevention and post-treatment.Pre-existing prevention emphasizes the channels of communication and visits.Through the online letters and visits to timely receive the people's appeals;through legal classification,promote the separation of complaints and functions and docking;and through the government to purchase services,the introduction of third-party access to letters and visits governance;effectively channel the channels of letters and visits,the mass appeals are delivered to the corresponding time in the fastest time The functional departments will solve the problem and prevent repeated visits and cross-level visits caused by poor communication of appeals.Post-governance governance emphasizes effective resolution of the appeal itself.Improve the legalization and scientific level of petition management by narrowing the procedures for petitions,improving the mechanism of letters and visits,determining clear mechanisms for illegal petitions,and establishing a differentiated letter access mechanism,and weakening the “temptation” caused by abnormal petitions."Effects",let the masses consciously return to the normal channels of petition.