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Study on Citizens’ Right of Petition

Author: SunHaiBin
Tutor: HeJianHua
School: Shanxi University
Course: Constitutional and Administrative Law
Keywords: Constitutional Basic human rights Right to petition
CLC: D921
Type: Master's thesis
Year: 2011
Downloads: 18
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Abstract

With the rapid development of economy in society, the rights of citizens have a growing expanded trend. However, as the proverb "no relief, no rights" says, the relief of rights to us is even better than the rights itself in some extent. The executive power is brought into some disputes to intervene for its settlement, although the most disputes are often handled by the judiciary, but there are still some disputes requiring. Thus, the public should have more rights and opportunities to involve in social management, and become a part of decision-making.The petition right as an ancient right should play a more important role in the new period. Citizen petition is not just for the protection of their interests, but also act as a special force participating in making law and implementing policy and other aspects. In practice, the live inquiry system could be revised citizen petition so that citizens can exert this right by participating publicly.This paper uses literature research to analyzes the history and reality of the petition right. And use empirical analysis to study the reality and improvement of the petition right. Besides the introduction and conclusion, this paper consists of four parts.The first part is general theory of the right to petition. It summarizes the concept and characteristic of petition right, compares the related concepts, analyzes the property of right to petition, and then points out that the right to petition is a basic civil rights. Next, it simply presents the history of the right to petition. Finally, it elaborates the theoretical basis of the right to petition from the basic human rights and basic principles of the rule of law and social safety valve theoryThe second part shares the experience of extraterritorial citizens’the right to petition in constitutional security. It briefly describes the petition system in Germany, Japan and France, and also lists the international human rights conventions in the content of the right of petition. Summarized the relevant system of extraterritorial reference to China.The third part analyzes the current situation of our citizens’right to petition in the constitution security. It first describes the constitution history in China, which present the text about petition. Then, based on the existing law to protect the petition right and the analysis of existing problems, I know whether the constitution and the law, or the existing system level, the security of right to petition is penurious, and traditional concept also restricts the development of petition right.The fourth part gives advices to improve our right to petition in constitution. This part is how to perfect the petition of right protection are expounded. In legislative level, the constitution of the petition right should be clearly established, the special law of petition to right should be made. In concrete system level, the reform should be on the letters system. In the civil consciousness level, the citizens’consciousness of rights and public participation consciousness should be strengthened.

Study on Citizens’ Right of Petition

Abstract

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