论请愿权及其请愿制度的重构.pdf

论请愿权及请愿制度的重构 Abstract In these years, I pay much attention to the frequent petition activities. Why do the citizens choose the way to petition to the highest organ of state power instead of reflecting the problems to the “letters and calls” department at all levels? Is it related to the desire of expression or the defect of “letters and calls” system? I turn about these questions and this thesis is the primary answer to my thinking. I deeply know it is far away from resolving problems, but I firmly believe that this thesis is a useful theory exploration and daring attempting composition. Since my knowledge is so limited, please forgive my deficiency in this thesis. Nowadays, the “letters and calls” system exists something unreasonable. Is it to abolish or change? How to change? Different scholars have different opinions. Viewing from the administrative law and political function, most of them insist that it should be reformed. I think that the revision is only superficial and can not solve the problem essentially. Mr. Yu Jianrong even despairingly affirms that the existing “letters and calls” system has lost its way to survive. However, Mr. Du Gangjian and Mr. Yang Haikun suggest that we should solve it with the constitutionalism, which also makes use of the petition right theory. Undoubtedly, it is a great change point in the history of the “letters and calls” system. Our society is experiencing the period of reform that causes some benefit conflicts; the “letters and calls” system hardly handles these problems. A lot of reports and the differences between the “letters and calls” system and the western petition systems, have indicated the “letters and calls” system which bases