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On the constitutional guarantee of the foreign citizen complaint system

Author: GengZuo
Tutor: WuLiLin
School: Hubei Provincial Party Committee Party School
Course: Constitutional and Administrative Law
Keywords: Comparative Constitutional Law The right to appeal Complaints system Petition Constitutional guarantees
CLC: D925
Type: Master's thesis
Year: 2010
Downloads: 105
Quote: 1
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Abstract


Originated in Modern European citizen complaint system, after two centuries of development, has become an important mechanism for the expression of national democratic constitutional system for the supervision of the administrative and the protection of civil rights. Citizen complaint system because of its significant advantage on the two functions and widely welcomed by the people of all countries, and can be widely disseminated worldwide and learn from. Citizen complaint system in a country's constitutional practice can play a significant role, largely thanks to its Constitution, a strong guarantee for the citizen complaint system. A comparative study of the practice of foreign citizen complaint system with China's petition system has been more prevalent in our profession, especially with regard to the right to petition and related systems has made many of the theoretical results. Academic studies on the constitutional safeguard its mode of foreign citizen complaint system is still blank, the importance of the constitutional guarantee of the citizen complaint system has not been given sufficient attention. In this paper, from the perspective of the Comparative Constitution of the constitutional guarantee of the foreign citizen complaint system modeling, the comparison and analysis on which the the written constitution Security mode, the constitutional protection of the legal protection mode as well as constitutional practice mode, trying to draw worth our Petition construction of the rule of law and learn from the common law, and to further explore the problems faced by the rule of law in China's petition system as a basis for its deep-seated reasons, and finally through a common point of view of the theory and practice from the experience of foreign countries and China's reality two aspects proposed the petition rule of law in our country need from two aspects: One is the awareness of the long-term nature of the petition work in the Petition concept established scientific orientation of the petition system as well as to promote the rational and legitimate rights of expression ; second is established in the constitutional system to confirm the petition system is recognized through constitutional provisions or constitutional convention for the protection of the right of citizen oversight petition system in the constitutional system, and the development of specialized Organization Act to petition system regulations and safeguards. In this paper, the structure includes three parts: The first part focuses on the basic theory of the citizen complaint system and China's petition system and a foreign citizen complaint system simple comparison. The mode of the second part of the constitutional guarantee of the meaning of the constitutional guarantees of the citizen complaint system and a foreign citizen complaint system. The third part of the analysis of the current situation and problems in China's petition system, combined with relevant experience of the foreign citizen complaint system proposed constitutional petition rule of law in China to solve the road.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law
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