The petition system refers to the civil petition (including petitions) and public institutions surveyed and made corresponding disposal a set of stylized arrangement, it is of special importance in modern China's social life. But as some scholars have pointed out, "the academic research of special importance to petition and it is not matching." [i] in the construction of a country under the rule of law background, although the latest statistics show that, until 2009, has declined for 5 consecutive years the total amount of [ii], but how to properly treat the past and present the petition and its related respondents activities, how to dispose of the petition system and the core system in the spirit of the Constitution and the rule of law and reasonable principle, how to digest or alleviate the petition problem, the disposal mechanism how to reform and so on, is still an important problem in our society should form the basic consensus. To answer these questions, we must to visit with respect to the core political position in the Chinese constitutional framework, make a reasonable positioning. This paper tries to relevant academic research results so far have been produced for the foundation, discusses this problem. This expansion, is to our country constitutional framework to accommodate all the political and legal system of relative differentiated theory as the core of political system and its auxiliary political two parts for the.

One, the petition system should be located in our constitutional framework

To be reasonable, accurate grasp of the exact location of the petition system in our constitutional framework, is a very difficult thing, because, the constitution of our country is dynamic, and based on the Constitution and the law text system and the actual situation is not the same. However, in terms of the method, we should first grasp the constitutional framework in China, the petition system is supposed to determine the vertical position, and then as a reference point to the actual location of the petition system in the present stage and future development direction to make assessment should be.

From the structure, function and other factors in mind, we might as well the political and legal system of our country under the constitutional framework into two parts of the core system and auxiliary system. Among them, the core system refers to the system of people's Congress is the basic part of the political and legal system. In China, the core system including constitutional recognition of the grasp and use the basic rights of citizens, the state power (in our constitution is a concrete manifestation of power or authority) of the principles, basic civil right protected by the constitution, the constitution sets up national institutions and organizations, functions and working procedures and so on. Closely related to civic life, the constitutional principle of fundamental rights protection system, people's Congress system, administration system and the judicial system, is a basic component of China's central government. Auxiliary system mentioned in this paper, is compared to the core political terms, refers to those on the whole to the constitutional framework, but relatively speaking in that part of the political system of the people's Congress system, its basic characteristics are: either the constitutional principle that the system, such as the preamble to the constitution "will confirm the existence and development of" long-term "multi-party cooperation and political consultation system", but the Constitution and the law are not directly confirm the behavior subject rights or given the behavior subject to power (performance for the powers, permissions); or citizens based on a basic rights and state based on the corresponding duties after long-term interaction has already formed a the institutional arrangements, but the Constitution and the law and not directly shall be recorded and confirmed, such as letters and visits system, the origin of the constitution of this system is our country constitution forty-first. Our country various auxiliary system, one of the highest standing is the political consultation system, the petition system status perhaps second only to the political consultation system, which is a main part of China aided government.

Common system and auxiliary system of the core, is both in the constitutional framework of a country, and the difference between the two, is mainly manifested in the following aspects: (1) the core system has complete, direct constitutional and legal basis, the auxiliary system not only directly, incomplete or no specific constitutional or legal basis (; 2) core constitutional provisions of the Constitution and the law of rights or power activities for its behavior, and for the auxiliary system, constitution and law have not yet confirmed the actors enjoy any rights or in any power. So, to distinguish between standard core constitutional and political system, not to see whether they and free, but whether from their legal basis is full, its activities have constitutional or statutory rights or power standard to judge.

Indeed, the auxiliary system of our country, regardless of political consultation system or the system, are some different ranks of normative documents on the basis of the nature, but the evidence is not enough to make them with the core of the political. About the political consultation system, the constitution of our country confirmed in its preamble: "multi-party cooperation and political consultation system under the leadership of the Communist Party of Chinese will exist and develop for a long time." So we can say, the multi-party cooperation and political consultation system is the constitutional political system, but because the constitution, the law does not give the Political Consultative Conference at all levels of the status of state organs, also did not grant political consultative conference must exercise any state authority, enjoy any rights, so, Political Consultative System does not belong to the scope of our country the core of political, is an important part of the auxiliary system. As for the system, the Constitution did not mention "petition" two words, one can only generalize from the "constitution" article forty-first "letters" and extended meaning. "The constitution" forty-first stipulates: "citizens for any state organ or functionary, have the right to criticize and make suggestions; for any state organ or functionary of illegal acts, have right to make complaints, charges or complaints to the relevant state organs, but shall not be fabricated or distorted the facts by false accusation. For citizen complaints, charges or report, the relevant state organs must ascertain the facts, responsible for handling. Any person may suppress and take revenge." We can see from this, from the civil aspect, the relevant provisions of the Constitution and no direct and standardize the petition or petitions must, therefore only implied citizens exercise related basic rights through the petition or petitions means of space. From the national point of view, the relevant provisions of the constitution are not directly must petition behavior, and the constitution, laws are not directly confirm and standardize the organization and activities of the respondents, of course, there is no constitution and the law gives the organization authority problem. In these areas, the constitution is so disposed of, the 1954 Constitution, the constitution of 1975 and 1978 years according to their constitution and laws are so disposed of.

Of course, already used to regulate the civil petition and the relevant national authorities interviewed activities of administrative regulations formulated by the State Council, namely "petition regulations", and issued many provinces, autonomous regions and municipalities directly under the central government, local laws and regulations, but these normative documents after all the norms of law strictly only, not on the legal constitution therefore, there only their show that citizen petition and public authority disposition interviewed some activities and lower order norm document support, can not prove that it is part of China's central government.

Based on the above and the "constitution" of fifth established "the rule of law, building a socialist country ruled by law" principle, we can obtain the knowledge of the following on the petition system:

1 in our constitutional framework, with respect to the core system, the system can only be counted as part of our core political assistant political. Therefore, the core system and auxiliary system between primary and secondary, the existence and development of the petition system should need to obey, to serve the existence and development of the core system.

2 in our constitutional framework, look from the function, the system can only fill the vacancy of the core system, or as a core constitutional operation lubricant function, cannot with it as an equal. Under normal circumstances, petition system should not replace all or part of the core system to play justice propulsion, but can not interfere with the normal functioning of the system core system.

3 letters and visits system since it is outside the core political things, how it practical utility in the framework of our entire constitution, when depends on its state and its coordination with the core political cooperation. If the petition system and the core was appropriate, the system will complement each other. However, if the coordination and cooperation between the two is improper, causes the inquiry system and the core of political conflict, justice value, resulting in damage to the core constitutional petition system in different degree and the situation, it is not normal. If the petition system and the core of political conflict situation, should give full play to adjust the system according to the core political utility needs.

The 4 letters is citizens enjoy and use the "fundamental rights of the constitution" the provisions of article forty-first of a form or pattern of behavior, which itself is not a fundamental right, also is not a basic rights of specific molecules. Some scholars think that the "constitution" of forty-first citizens from generalized or infer "petition", [iii] but the lack of constitutional basis, there is no legal basis. Even from a theoretical point of view, there is no scholars proposed complaint is the specific form of certain fundamental rights. The petition called "rights" approach is not properly raised artificially petition and the legal status of visiting behavior too.

5 in some stage of development, strong petition demands and petition system lies in the prominent position in the constitutional framework, this kind of situation exists only to show that, at the core of political system is still largely failed to put in place, still can not afford this should take justice push function. The core of political development is not in place, is usually not fully implementation of the constitution, basic civil rights protection situation is not ideal, democracy is not rich, not a sound legal system and so on.

Reason two, the petition system expansion and core constitutional once translocation

We say that the core system of government and the petition system should be the main and auxiliary relations, that is according to the provisions of the Constitution and the law and the spirit of judgment. However, due to social and political causes of complex, the history of our country real is not always the case. In fact, the "Cultural Revolution" after the end of ten years of turmoil, a period of society and even appeared the condition or state in the core system of certain systems and the system of master-slave translocation. This situation is worth attention and reflection. It should be said that, if this situation occurred in the early establishment of the new regime, that is normal, [iv] appears in the administrative region established 20 years later, its disadvantages reflected very serious. But, more importantly, in the face of this situation, people should be clear, this is not a normal state of justice to promote, in the normal state, a country on the core political system should be fair and justice can realize social justice, constitutional play auxiliary propulsion performance but from side to help or icing on the cake.

China special historical condition based on the letters and visits system, early in the last century in the early 50 appeared, almost with the new Chinese innate. According to the research, the petition system originated in the 1950 the establishment of the general office of the CPC Central Committee Secretariat, the main functions of the chamber is responsible for processing the people to the central leadership's letters, receive petitioners, role is equivalent to a. [v]

Petition system is extended to all kinds of state organs at all levels in the organization, the function extending to the right to democratic supervision, civil relief and other fields, it is years away. In June 7, 1951, the Government Administration Council promulgated "on people's letters and receive people's work of the decision". From 1954 to 1957, caused by the cooperation of the anti rightist movement, etc. the problem, the number soared, the central government system has more than 50 department or the Department set up a petition mechanism. According to statistics, 2.5 times the amount of the Secretary - General of the State Council department 1956 accepted in 1951 July to 1954 June is approximately equal to the 1957, January to September 2 times 1956 year. All departments in all regions of the country, the petition had similar growth. [vi] in 1963 September, the CPC Central Committee and the State Council, and jointly issued the "notice on strengthening people's letters and visits.". So far, it can be said that China's petition system has been formed. However, at that stage, the position is not very prominent.

After the cultural revolution, ten years of turmoil, in 1979 -1981 years before and after, the petition was in fact replaced the various disputes solving system of core constitutional status, has become the central link Chinese constitutional framework. Eleven party 3 in after plenary meeting, millions of citizens has written or petition, as required for the formation of the history of miscarriages of justice, the implementation of policy. The petition work agencies letter only 1979 accepted the visit is as high as 127 thousand or million; at the end of the same year, the central has also set up a team led the petition problem processing, has deployed about 200000 cadres, in national processing petitions, solve problems left over by history. The [vii] from 1979 to 1981 3 years, the number of letters of petition, the number of national investment, the number of processing the petition problem of people, never seen.

It was in that period, letters and visits, especially the petition and the activities of the organization and the visiting, became the dominant form of our country to solve the dispute. In the rehabiliation miscarriages of justice as the basic symbol of social life, most disputes are solved in the process of. At that time, the role of administrative, judicial and other state organs in solving disputes, often in the ruling party petition reception processing conclusion sector for legal procedures necessary for the petition, the former to the latter's puppet or rubber stamp, resolve disputes of constitutional system in fact became assistant system of petition system. Rare this history occurs mainly in 1979 and 1980.

This shows that, in the "common program", the constitution of 1954, the constitution of 1975 and the 1978 constitution, the dominant position of our core constitutional under the constitution of gradual decline, so that by 1979, before and after 1980, the petition the auxiliary system actually anti auxiliary, realizes the core system with primary and secondary translocation. After 1981, the petition system is no longer under the Constitution in the dominant position, the function of dispute resolution has been shrinking, but has been made in our country constitutional framework in light weight, until now.

In the face of this situation, people will ask, even in the auxiliary system, the petition is not the most important system, but why it's place in history will once ranked constitutional judicial system, and always occupy the strategic position in our constitutional framework? I thought that, historically, the status of the petition system in our constitutional framework has become so prominent, social and political causes, which mainly have the following several kinds:

1 decades, China's power is concentrated in the central, local holdings of dispute resolution methods and have few resources. First, the unitary system of our country, in the form of state structure determines the highly centralized power in the central, only the central, superior, inferior to solve local problems. According to the "Regulations" and "the constitutional definition of constitution," article third ", China is a unified multi-ethnic country", "division of the central and local state organs, followed in the unified leadership of the central government, give full play to the initiative, enthusiasm of the local principle." This system although it should be called democratic centralized unitary, but as the premise and basis of "initiative, give full play to local initiative" is "the unified leadership of the Central Committee", so in fact the concentration of power even more than the general centralized unitary state. Chinese has a vast territory and a unitary system, so the inevitable especially high concentration of power. Second, the long-term planned economy system has prompted the highly centralized power in the Central Committee and senior. At least 1993 "constitution" the Seventh Amendment through the front, China has been carrying out the planned economy system, the characteristics of the planned economic system, centralized and unified an inevitable requirement of social economic resources fundamentally by the central state organs, especially dominated the central state administrative organs. So, the planned economy is the inevitable result of economic power, more precisely, the planned economy is the inevitable result of the central administrative power economy. The concentration of power in the hands of those who, who holds the key to solve the problem, this is common sense. Obviously, in the highly centralized system, through the central or higher is the most convenient way to solve the lower or primary dispute.

2 citizens of many basic rights the long history of the lack of adequate protection of local people, Shangguan opposition is more serious, while the expression too much limited to areas of the rights and freedoms of speech and press also makes prominent contradictions, local defects can not reflect the real timely in the media, the public almost impossible independent supervision on the public authorities and officials of the behavior through the news media, the unfair fate often only to help. In this case, the local difficult problems that arise in the local solution of democracy and the rule of law through. Because, exposure and found the problem is the premise to solve the problem, and the citizen speech publishing rights and freedom of expression cannot be protected effectively, it means the media cannot be published exposure local public authorities and important official record article, means that the defects cannot reveal to the public, in the local problem not in the local address, only "" to poke above, sometimes until the central, to have greater hope to solve.

3 the allocation of political resources highly planned, all levels of people's Congress and local government leaders not to attract voters vote in a competitive election system, but to a large extent determined by the influence of pipeline of the top-down. In this political resource allocation under the system of National People's Congress, leaders and local state organs at all levels of the citizens, voters or ordinary people will response is not sensitive, can even take the attitude and not be careless with significant political consequences, so all levels of National People's Congress representative organs should usually be lack of some representative and representative. That the decision of the people's congresses at all levels may not have enough interest expression function and negotiation decision function, also determines the leaders of local state organs responsible for the inevitable choice at first, but will not be the first to consider the will of voters. The allocation of political resources is characteristic of highly planned allocation of economic resources under the planned economic system and implemented highly centralized matching.

The 4 trial, the procuratorial organs to exercise judicial power independently, procuratorial, judicial and lack of neutrality, justice image, the low credibility, judicial justice especially difficult to implement in the lower level administrative region and the basic. 1949 years of "common program" to "only provisions enacted laws, decrees, to establish the people's judicial system," no problem relates to the independence of the judiciary in exercising their functions and powers. The 1975 constitution and the constitution of 1978 does not mention the judiciary independent exercise of powers. The 1954 constitutional provisions of article Seventy-eighth of the "the people's court for judicial independence, only obey the law", but the actual situation, the independent trial this article content and not implemented. Not only that, since 1966, the Constitution in the next 10 years is almost the whole failure.

In 1982 through the "constitution" stipulates that the 126th ", the people's court in accordance with the law to exercise judicial power independently, not by administrative organs, social groups and individuals." "Constitution" article 131 of the procuratorates have the same content. These rules leave space for the leadership of the ruling party of judicial organs and people's Congress supervises the work of judicial organs, but also brought to the complex subject of specific provisions dealing with the local organizations of the party, people's Congress and its Standing Committee and the judicial organ according to the constitution of the relationship between. The 1982 constitution has been in effect for nearly 28 years, but this issue has been difficult to explore, the independence of the judicial organs exercise their functions and powers necessary to still do not have specific institutional guarantee, judicial also failed to establish adequate authority. Judicial authority is fundamentally not grasp by judicial organs in the hands of the compulsory force size, but by the justice of the independence of the size and the number of decisions, which originated from the citizen's inner conviction.

5 in general is the rule of man and the illegal political background, the Constitution and the supreme of law cannot be effectively established, too much social disputes cannot be solved in the frame based on the rule of law and legal, but in turn help man strong characteristics of the petition system. And through the petition system to solve the problem, in many cases it is superior and the central state organs and officials rely on the powerful beyond the statutory authority and procedures to intervene. One of the characteristics of men, is the existence of public power law and law application, in isolation, seem to exist outside of the power law and the bigger and more able to solve the dispute, but from the system point of view, its negative effects and must be greater than its positive meaning, it is the human experience of governing the country repeatedly proven truth. With the help of rule method to solve the dispute, but the dispute resolution rule approach itself lead to more disputes, therefore, one of the makers of the petition system itself is a mass petition phenomenon. But, whether the petition involved problems can be solved, depends largely on the petition behavior depends on the degree of concern, petitioners pressure. So, is often the petitioners to make the problem more promising solution. "Didn't solve, small make small, big big solution", these folk rhymes is to reflect the social situation described in the specific sense. The petition system, an important reason is a lot of letters form.

The last century since the 80's of the 20th century, 30 years, the petition system directly determines the emergence and development of the power and the causes are a major change, but has not yet been fundamentally changed from the overall. In the traditional factors cause the petition system expansion, has the great change of the only economic system. Now planned economy basically quit the stage of history, the market economy system has been largely in place, although the degree of intervention and Europe and the United States on the economic life of China's market economic countries still deep.

In addition, the constitution of our country at the end of the last century to establish a "rule of law, building a socialist country ruled by law" the legal construction direction, morally, practice including the negative traditional statecraft to be. The core of political development direction, but also has global meaning change. Of course, in the law of real life, to what extent by specific negation, negation which content or practice, how to delimit the rule of law and the limits of such problems, will be the long-term debate. But it seems to believe, the debate results, will be extension rule concept increasingly, extension of the concept of the rule of gradually narrowing, and a considerable part of the petition and operational activities, will be the exclusion range can cover in the concept of the rule of outside. In 30 years, the elements belonging to the core system and improve or change, but they are reflected mainly in the form of some more complete, more standardized operation of some of them, a content change is less substantial, some aspects even shrink, such as competitive at all levels of National People's Congress election in 30 years is not increased but reduced, and so on.

Three, the current petition system and the core system often occur between zero and game relationship

Historically, the petition is the deficiency of the core political performance emerge as the times require compensatory system. A society or country, since the core political constitution, laws can not fully, effectively solve the dispute, can not meet the demand of basic social justice, it must develop a kind of informal institutional justice propulsion function to supplement core political system. Then, in the theoretical framework of the party and the masses, the relationship between people and the state power relations of the ruling party, the petition the law system emerge as the times require. And, because the core system in fact can not rely on the law system of justice in the course of time, the utility, the relevant decision-making body in turn can not confer legitimacy on the auxiliary system of certain.

China's petition system has always been in the very great degree is in conflict with the core constitutional dispute resolution system. Some scholars will present the petition activities can be divided into classes, participate in the petition for summary category and class action petition of three types, [viii] this is the classification and comparison with the actual. Participation in class and mainly for the citizens of the various public agencies (including all levels of National People's Congress, the government, court, procuratorate, largely and the ruling party's local organization) petitions suggestions, comments and criticism of the work. Generally speaking, the main form of this kind of the citizen is not the petition response mechanism of them, and the related public authorities to deal with such complaints, solution does not involve controversial, so it directly conflicts with the core of constitution will not. But the petition for summary category and class action petition the situation is completely different. The mainstream of petition for summary category and class action constitutes the petition, the prominent character is that the petition, petitioners on public authorities "visit", or to the corresponding authority at the next higher level or to Beijing "visit".

Basically, all the law and the constitution, (not including the inferior normative documents) mechanism provides organization, authority and procedures contradict the settlement of disputes, including the complaint handling mechanism, the objective will conflict with the core system. Petition for summary category and class action complaint and relevant state organs corresponding respondents disposal activities, its actual effect is sometimes not in assisting and strengthening the core system and the corresponding, but weaken or even damage the core system. For example, the citizen, legal person or other organization is dissatisfied with the specific administrative act, apply for reconsideration and after service meeting, he / she does not obey the decision of reconsideration, nor in accordance with the law to the court, but choose to take the road of petition. If the petitioners petition in this case, if the public authorities interviewed and otherwise dispose of in this kind of situation, its behavior has damage properties of core government; similarly, after the first instance, the second instance trial, judicial cases, the superior courts or the Supreme People's court has accepted even if the party's appeal and make may change its referees disposal, but also has the nature of the political damage to the core. Damage to the core system what content? Specifically, is the damage to the constitutional position and authority of the judicial system.

So, construction or improvement of the petition system has a proper grasp of the "degree" of the problem: when the system or some form of political conflicts not only with the core, also play on the core political supplement and support role, both may be necessary for the various inter Shou, complement each other; when the petition system replaced, replace part of the core constitutional status, or the system operation to weaken or damage the core political status and authority, between the core system of government and the letters and visits system both form the theory of zero sum relationship, interaction between the two, the game will be the formation of zero and properties. [ix]

In a zero sum game pattern, assuming other factors constant, so the development of scoring the petition system, will cause the loss of core system; and vice versa. As mentioned earlier, our 1979-1981 years before and after, briefly appeared in the petition system leading dispute resolution process, the judicial system second condition, but it is after 10 years of "Cultural Revolution", the core system is severely damaged, unjust pile up like a mountain hand under special circumstances may not have taken emergency measures, not governing the country. So, we talk about the petition system and the core system, to have a clear understanding of both sides with the development of the petition system should be: if the system positioning accuracy, used properly, we will receive the benefit of the supplement core political inefficiency; if the positioning of the petition system and using the damage status and authority constitution, laws and regulations state organs, the move will be on the core political damage.

The letters and visits system can supplement core constitutional justice in promoting efficiency of utility, our political decision-makers clearly see very clearly, and has been trying to seek and obtain such utility, this point can be found from their emphasis on the petition system to prove. However, we also see on the other hand, the thing is, the negative consequences for the social public petition system may hurt the core political system relatively seem generally some lack of knowledge. The most common sequela of core constitutional petition system damage by citizens, is increasingly not trust level and lower levels of the public authorities, despising legal system and the rule of law, science right above the law, that the petition and non judicial is the best way to solve disputes, realize their own interests. In addition, it also can induce people to believe that it "trouble" can obtain improper benefits Association, predisposing them to believe "noisy" degree of gain is proportional to the number, resulting in widespread "letter not letter 'visit' 'law'". [x]

As a kind of auxiliary system in China under the framework of the constitution, from the beginning in a very embarrassing position. On the one hand, by the core political constitution, law reflects the lack of justice, promote efficiency, two countries and citizens feel the petition system is indispensable, feel to the petition system is not enough to achieve the government and the people on both sides of the communication, not enough to solve all kinds of disputes, not enough to control the various conflicts of interest in low intensity range; on the other hand, letters and visits, especially the measures which the petition and state organs, it in no small measure damages the core political status and authority, thus weakening its justice propulsion performance. The data shows, in recent years, the cost of resolving disputes through citizen petition is usually high, through the way to solve the disputes in the proportion of very small. However, due to a petition reception mission agencies and departments to publicize this achievement, they will naturally or half unconsciously to exaggerate the petition system to resolve the disputes of utility, and this exaggerated repeatedly stimulate some dispute litigants petition impulse. Therefore, public petition reception disposal activities are often focus on the promotion of social harmony and stability, the new factors but in fact these practices itself in no small measure production of damage stability.

In recent years, in order to obtain the petition the auxiliary system in to make up for lack of constitutional justice to promote the core functions in our country related, in fact has been constantly strengthening system construction. In the early days of reform and opening up in 1982 April, the CPC Central Committee issued the "Interim Regulations on Government Petition", intended as far as possible the petition work standardization. In 1995, the State Council promulgated the first "petition regulations". In 2000, the State Bureau of letters and calls in being upgraded to the State Bureau for letters and calls. In 2005 January, the State Council revised and promulgated the new "petition regulations", the same year in May 1st to start . In March 10, 2007, the CPC Central Committee, the State Council issued "on the further strengthening of the petition work in the new period" ([2007]5). Consistent with these practices, since 2005, the central leadership of the ruling party and the central government organs, almost out of the treatment of previously accumulated miscarriages of justice that resolve and strength before and after 1979, to strengthen the system of dispute resolution function. Since 2006, the country has also been generally county (city, District, county (city) committee secretary, district) long "liberating" activities. This kind of activity in some places still continues. [xii]

Using a variety of practices the petition system, if not weaken or replace part of the core system functions, it is worth. The data says: the State Bureau for letters and calls from the beginning of 2005, screened nearly 5 million pieces of important petitions were assigned by the supervisor, completion rate of more than 90%; 2008 nationwide organizations Shigenobu revisit [xiii] special rectification activities, resolve Shigenobu revisit matters more than 15 pieces; the same year the National Organizing Committee secretary major the reception and cadres of the visit, the main leaders take the lead around the reception, receiving visitors 879000 batches, 3874000 people, solve the problem 537000. [xiv] these numbers can reflect some utility petition system, and in fact much of this utility, depends on the "making", "resolve", "solve" the exact meaning. In any case, this is the end of 2005 2009 this is at least 4 years. The authors have no statistical data in 4 years this year the total number of complaints, but the "2003 National Party petition departments received a total of 12723000 people (a) citizen letters and visits from the" single of the year: the total amount of data for reference. After [xv] compared with two group of data it is not difficult to find, here said the 4 years "making", "resolve", "to solve the problem of" the number of the problems involved in the proportion of the total amount and the front reference letters only 2 ‰ resolved civil investigation conclusion is close, the total low proportion.

For the use of the petition system in proportion and the extent of damage to the core political situation, I cannot make quantitative statistics. But there are signs that, more emphasis on official petition system, the more stressed by the reception to resolve disputes in the form, possibility and reality of petition system damage to the core of the greater political. In real life, the petition system damage core political situation exists. For example: some place beyond the Constitution and the law "set up the public prosecution, our method, the reception for a, thawing acceptance, tasks, supervision, feedback as one of the provincial law and litigation involving the joint reception service center" [xvi]; to solve the problem of the public authorities often dominated by superior leader "instructions", cause people generally "petition not the letter of the law", "the petition system to resolve disputes not only become the main channel, and has formed a main channel of litigation challenging" [xvii] "; in order to remove the burden, reduce stress, some places at the bottom line at the expense of law and policy, judicial authority as the price, in exchange for a case problem solving, cause some people appear not the letter of the law, to visit the pressure tendency;" [xviii] "in some places the petition work deviation aliasing, all kinds of 'non normal interest and visit' continue to emerge, especially the 'buy stability' into a more popular choice. Especially in the sensitive period, man to man, with food and drink, plug 'Red', free travel...... So ", but" in some places, money does not buy to stabilize, but raises a new or more frequent petitions." [xix]

In the past 10 years, with the passage of time, the current petition system caused by the system of core damage problem is becoming more and more superficial, so that the public authority and not trying to curb the momentum of the development of the petition, make every attempt to reduce. However, due to the requirement of petitions in terms of performance evaluation indicators, "some places to go all the way to Beijing to oppress the people, against the persecution, and even the use of violence to intercept the petitioner's case occurred frequently, a serious violation of personal rights of citizens." [xx] except under the original capital "interceptors", many local imitation of the "Cultural Revolution" approach, do "study class" limited to visit the people freedom of the person, and the place will certain behaviors especially over the visit wrapped are sent to labor, to further restrict personal freedom, and even the petitioners strong send mental hospital reports from time to time in the media. [xxi] these are many petitioners, deal with the complaint of officials and research the problem of the scholars understand it.

Four, the current petition system to promote justice and the future trend of the effectiveness evaluation

The petition is supposed to be in the core system, and the core system outside the seamless connection, but also the core of constitutional justice mechanisms to promote functional auxiliary, complement the role of citizen participation and the settlement of disputes. But the actual situation is, the petition in China contemporary has gradually developed into a are often used to replace part of the core system and even beyond the constitution, laws to promote fairness and justice system. So, the current petition system is almost a constitutional framework and in no small measure is opposite in parallel with the core of the political. We consider the petition system of the future, should all kinds of factors including the reality of the situation, consider.

Some scholars in recent years to discuss the value and direction of the development of the system of opinions divided into four factions: one is the faction, the faction advocated the abolition of the system, the main reason is that the petition system destroyed the modern rule of law; two is to strengthen the school, this school advocates expanding the existing petition mechanism of power; three is the emerge of itself and perish of itself, this school that the petition system should not strengthen also should not be cancelled; four is the major reform theory, advocating the preservation of the petition system to the overall reform. [xxii] and scholars will treat the petition system of opinions into "strengthen the authority to send" and "weakening the faction". [xxiii] "to strengthen the authority to send" focus on form and resolve disputes through the pipeline. As for the "weakening the faction" why advocated the abolition of weakening the system, two scholars were cited a number of reasons, one of them from the system, functions and procedures of the major disadvantages of the petition system, [xxiv] another scholar put forward "in the petition system when the repeal." after the argument, also lists the main reason of this system should be abolished: "the petition system and the era of the planned economy strong power, weak weak weak society justice people, strong administrative, even once is to adapt without judicial unmanned environment Daqiang administration"; "not superstitious strengthening system than to promote better judicial independence choice"; "on the longitudinal relationship between government, must be between the various levels of government powers and responsibilities clear, can independently carry out under the constitution duties, responsibilities, rather than rely on top-down administrative pressure to constrain the lower levels of government." [xxv]

The different opinions to petition system to image above that is divided into various factions, although there are drawbacks in simplistic, but the symbol imprint different view is really quite bright. The author thinks, will treat the petition system future trend of opinion is divided into the following three kinds is consistent with the actual situation, to further discuss the problem: (1) the petition system bigger and stronger theory. Who hold this theory tends to believe that, in order to solve the disputes, the petition departments should have more authority, must be bigger and stronger, to "build large letters and patterns"; in order to improve the system status, many people also called for "the law". [xxvi] (2) abolition of the petition system. Who hold this theory views already be accountable. To sum up, the main reason for the abolition of support for their argument is, the petition system has not the market economy era, to reform the current system of the National People's Congress, the judicial authority is a better choice than the construction of letters and visits system. [xxvii] (3) the system reformation of system theory. Evaluation of the current petition system who hold this theory overall lower. View more modest they are composed, reconsideration, litigation, arbitration, mediation, letters and other links in the dispute resolution and relief mechanism, the petition system is just a part of it, from all over the country, the departments are still growing petition and some area of the frequent group incidents reality, petition system functions are not ideal, it must reform the system. [xxviii] also has the system reformation of system words fierce critics, the current petition must cause disposal system reform, it is "the system is not smooth, complex institutions, the lack of overall system, cause all sorts of problems and contradictions focus to the central aggregation, resulting in the loss of the central political authority" in the objective function, "dislocation, re select the right light, strong rule colors, digestion of the state judicial authority, the system has shaken the foundation of modern state governance", "lack of procedure, registration is not standard, the end of the mechanism is not perfect, political persecution and political activism attendant, increasing conflict induced more serious." [xxix]

The author thinks, the above proposition, and each has its rationality, but it exists unilateralism, we try to comment.

Look at the letters and visits system bigger and stronger theory. Bigger and stronger theorists seek to develop inquiry method, hope will petition system from the lifting auxiliary system level to the core political level, the Become and core system, so that the two have no outside within the law and legal status distinctions. I do everything in one's power within the scope of the investigation that bigger and stronger the petition system of magazine and newspaper articles and web authors occupation, found directly advocated strengthening the people petition system, is to work in the petition departments for many, but in indirect claims to promote the status, especially advocates making petition law, people it is almost every industry, both the petition departments responsible person, also have the party and government leaders, judges, teachers, scholars. The rationality of bigger and stronger theory, it directly reflects the various social strata and visit the people hope to reduce the petition problems desire by letters and visits, timely solution to the problem, and its one sidedness, represents the construction of relief mechanism it on the state of the dispute resolution and rights of the lack of comprehensive, balanced understanding, for the relationship between subject ought to be between the core system of government and the petition system and the auxiliary should not be significantly distorted or destroyed in the truth, the lack of adequate understanding.

Can say, making the law, constructs "the big letters" pattern that is concentrated reflection of the petition system, bigger and stronger theorists consider some problems appearing one-sided. Relatively speaking, at a specific point in time, the ratio of total national power and civil rights is a constant, the power of the state does not change the total and right structure relatively stable situation, the law in many substantial petition departments should be given to the new authorities, it will greatly reduce the other constitution set the national authority or authorities. Similarly, the law and strengthening the Department in a large extent, it will be much weakened relative to the constitutional state organs. Therefore, the law or not and strengthening the Department's position, can not be given to the complaint department has no authority, no need for it, causing damage or bound to the existing constitution between state organs of power allocation pattern and the legal right structure, the harm caused by the core political consequences. So, we should make the law, it is people do not understand the constitutional question initiation from the actual idea.

Then have a look the abolishment of the petition system. The petition system abolishes theorists about this kind of system has already be inopportune or inappropriate and should use the existing legal resolution of disputes involving the petition claims, to have its law, accord with a requirement of rule of law, but also has the obvious one sidedness. The main reason for this evaluation of this saying is: (1) all kinds of social disputes among parties include the validity, is reasonable and whether ethical type, can be used to solve the dispute of the code of conduct and ethics, policy division law, habits, discipline and other forms. Therefore, the legal system of a country even give full play to the function of system, it is impossible to solve all disputes, the society therefore, can emphasize key construction and use of legal form of such dispute, but cannot deny and other forms of coexistence of dispute resolution. (2) for a country under the rule of law, letters and visits system itself is not a good thing, but can be useful auxiliary core political system in general. For this point, many scholars from the perspective of right remedy discussed. [xxx] in fact, in many recognized sound legal system countries or regions, in fact they have long there is similar to the dispute settlement system, such as in Europe, Oceania and many other countries of the parliamentary ombudsman system. China State Bureau for letters and calls in recent years paid much attention to contact with foreign institutions in this. For example, in 2006 May, the State Bureau for letters and calls received the visit of president of Bavaria Germany parliament petition Complaints Commission Alexander? Koenig line. [xxxi] 2009 year in January, the State Bureau of letters and calls the petition work delegation visited visited the Australian Federal Ombudsman, New South Wales, Vitoria, the office of the Ombudsman, New Zealand parliamentary ombudsman. [xxxii]2009 year in May, the State Bureau of letters and calls to visit England for civil appeal system training and investigation, the British citizen complaint system history, legal status, frame structure, the central and local governments the complaint acceptance organ, acceptance procedures, operating mechanism, diversified channels of accepting many matters. [xxxiii] (3) should take the proper use of this petition and petition disposal methods to distinguish and abuse. Respect the core political position and authority, and auxiliary system of government and the core political division of the petition system, will help to enhance national whole constitutional framework of efficiency, and is therefore justified, should exist and development, there is no reason to deny.

Next on the system reformation of system theory. The relevant papers in the system reformation of system theory and report, let a person feel they are under study Kung Fu in letters than bigger and stronger theory and abolitionist more, study more deeply. Although they are the current petition system and its utility in general evaluation of unequal height, but are more or less acknowledge the need for letters and visits system exists, but not in favor of the letters and visits system bigger and stronger, so they are very aware of the actual situation of our country, also understand a lot of the country under the rule of law has a higher degree of citizen complaint letters and visits system there with me in a similar. The system reformation of system theory also see the contradiction, the current petition system and the rule of law in the different dispute settlement system does not support, mutual and damage the current petition system on the core political status and authority. In their view, the petition system on one hand to solve problems in work, on the other hand, in the manufacture of a new, even more letters, so as to realize "from political system modernization perspective to re determine the complaint function target". [xxxiv] these are profound insight into the conclusion they petition system specific operation status from. On the other hand, the system reformation of system theory also has its one sidedness. In the opinion of the author, this one sidedness in theory mainly, the petition system is in the contemporary social and political roots of China obtained such a position now, are endowed with such responsibility the lack of adequate understanding, so the letters and visits system in today's Chinese indispensable seems to be underestimated, on the route one must take to solve the problem from the fundamentally look is not very exact.

In the comments, the author summarized and sort out their own opinions about the value of the petition system and the development direction of current.

Based on the above have expressed understanding, the author would accordingly put themselves on the current petition system and future trend of view, summarized as the core political support theory. The core of political support points can be such that: (1) the constitution of our country should be divided into two parts the core political system and auxiliary system, the petition system is simply part of the auxiliary system. (2) since the early 50's, because the core of the construction of the government is not in place and the resulting function is not clear, the constitution of our country frame have the tendency to over turn the auxiliary system and excessive dependence on the assistant system. (3) the constitution of our country frame now and the future direction of development, should be the core system of government and the auxiliary system in the spirit of the constitution, the principle of the rule of law are the standard regression. That is to say, the constitution, the law system should assume responsibility system should take the core system, the petition system by various state organs in the process of the implementation of the constitution, the law of according to the actual need to develop internal rules, not in government institutions at all levels in accordance with the constitution, laws have authority and responsibility scope and the organs formed opposition or competitive game with. (4) the petition and visited behavior to make a specific analysis, which can not be entirely sure, can not be denied, who can strengthen the constitutional framework, overall efficiency enhance core constitutional justice to promote the function of letters and visited disposal behavior, should be sure, otherwise should halt. (5) the petition system can form a competitive game in less and the core political contradiction or circumstances coexist with them, and in the expression of will, right relief, the allocation of power and many other aspects of constitutional framework increase efficiency; (6) completely eliminate the phenomenon can not be, nor necessary, therefore, to talk about cancel petition system is of no practical significance; however, excessive emphasis on the role of the petition system, trying to make it bear obviously belong to the core government functions, from the long-term point of view is not likely to be successful, and will almost certainly lose more than.

Plan five, digestion and distress should be followed

What is the problem? The problems mainly refers to the legal provisions to circumvent the citizens, legal persons and other organizations of the dispute settlement procedures and relevant public authorities to the detriment of petition activity if the disposal of core political position and authority as a cost brings to the social aspects of stress and worry. The puzzle has two forms: one is a citizen, legal person and other organization around or disturb the legal dispute settlement procedures and public authorities to appeal damage constitutional status and authority as the core price measures caused by pressure and annoyance; another is the core of political inefficiency, which should be the core system digestion or solve problems, follow the mainstream is not the solution to the influx of letters and visits, caused by pipeline, appeal petition mechanism of stress and worry. The cause of this kind of stress and worry can use "lack of the core political function and auxiliary system was overloaded" to describe. So, the paper said "digestion petition distress", refers to the elimination and the above two kinds of negative forms of address, not eliminate the petition, cancel the petition and operational meaning. In fact, in any country under the rule of law, more or less have some similar said in the letters and public institutions surveyed phenomenon, people generally use nouns only this kind of phenomenon of language or different. Therefore, the petition itself is very normal, assist or at least not damage the core constitutional petition and corresponding disposal activities on the core system, help to improve the efficiency of the constitutional framework. Fundamentally speaking, digestion problems only from building core constitutional petition, improve the efficiency of the core system, no other better strategy of this house.

To enhance China's justice to promote the overall system efficiency, need to straighten out the core system and the system of reform and construction, the formation of common concrete. Needless to say, the past 10 years, China in the use of the core system and the auxiliary system to promote fairness and justice of the process, is the existence of various elements of the system with the lack of coordination, improper use, so there is not divided, each part of main and auxiliary conflict situation. People hold different views on the petition system is almost always to the point, and also from their elimination petition troubled prescription.

Some people in the study area opened up a lot of digestion petition troubled prescription, but overall it seems not very symptomatic. As mentioned before, the petition system bigger and stronger theory to improve the legal status of institutions, increase the petition agency and other ways to resolve disputes in the process reflected in the letters and visits. If the strengthening system approach, perhaps can effectively solve some immediate accumulation of disputes, but such measures will almost certainly tempt more disputes when the mechanism turn petition mechanism parties around the legal dispute resolution, which is bound to cause more appealing. Furthermore, formed in the core system of government and the petition system is in fact zero game relationship, if the increase in the organ of power, must also cut according to the Constitution and laws set up by the state organs or their work functions, reduce its justice propulsion performance. As for the abolishment of the petition system, the dilemma is clear that digestion, bold, but too divorced from the actual situation of the contemporary Chinese, even probably does not meet the objective needs in the future Chinese. From a long-term point of view, the existence of auxiliary system for the core political stability and give full play to its efficiency, is often necessary and useful. The rule of law in developed countries have a parliamentary supervision agencies or officials in fact handled and disposed of citizen complaints, can explain this to a certain extent.

From the results to date, the system reformation of system theory in the resolution of the problems that a part, more reference value. Have put forward the theory of scholars, to dispel the petition problem, not only to the reconstruction and innovation of the petition system, but also to the reconstruction and innovation of the dispute, relief mechanism. They advocate the reform contents including: the integration of existing scattered petition mechanism, build computer network system; establish similar foreign parliamentary ombudsman or the Administrative Supervisory Commissioner System, unified and coordinated all localities and departments of the petition work; to expand the scope of administrative law and administrative litigation complex; establish special administrative tribunal, treatment such as land requisition, housing demolition and other special dispute cases; give full play to the NPC is usually contact with voters due role. [xxxv] also holds this theory scholars from the national constitutional construction height, focusing on the political modernization overall situation to consider the petition system reform, the medium-term complaints resolution legal solutions identified as "strengthening the judicial organs at all levels to accept civil tell, complaints and deal with cases of responsibility and ability", and the political root long as the authority revocation departments at all levels of government functions, the letters and visits to all levels of National People's Congress, to supervise "bicameral" work through the National People's Congress, and "to establish public interests expression organization." [xxxvi] these insights, shows the overall insight it look at the complaint letters and visits, the reform has strong pertinence and operability, and contains the strengthening the construction of legal system in order to reduce the excessive dependence on the system of justice to promote the process. But, perhaps is to look at the problem of discipline the focus is different, they did not make the division system and auxiliary system, the core of our constitutional framework, nor will the petition system as part of an auxiliary system to explore the interaction between it and the core of political development and reform. For this reason, they always seem to be no inherent well explain the core constitutional construction and reform and the letters and visits system development, and treatment for these two different legal status of political relations, has not proposed a system of constructive suggestions.

From the Constitution and the core political support point of view, the reform of the system, whether present or in long-term, we are only in strengthening the core of political development and reform direction. Perhaps, relatively speaking this is digestion, improve the most appropriate way to petition by the constitution of our country frame efficiency fundamentally.

However, should the specific construction or reform fundamentally digestion problems, and enhance the effectiveness of the constitutional framework along what path to promote the core political system? Clearly, simply prescribe a solution to the puzzle is no longer easy, but also the most meaningless practice. I think, for law researchers, specifically how to do is not the most important, the most important thing is combined with the specific circumstances of the construction Chinese constitutional framework and long-term needs, development direction of the petition system and the core political interaction make a right evaluation. In this regard, the paper based on the expression, we have the following several points of view, for the institutions and persons concerned affairs reference:

(a) application and reform of the system, should consider the constitutional framework in the framework based on the constitution of the. In this framework, the petition system is a part of the auxiliary system, which belongs to the core political system, its construction or reform should be subordinate to and in the service of the core of the political construction and reform, its relationship with the core political system should at this location to comb. If this idea is correct, then we may have to doubt the appropriateness, so far is still very popular and some references or practice. For example, the media from time to time that "the legal system" this one formulation rationality is dubious. Because, this formulation is to advocate will enhance the petition which belongs to the auxiliary system category system to the core of the political level, but the question is, why don't we through the construction, improve core system to improve efficiency of constitutional framework, but the lifting auxiliary system's position? But, argues that "the legal system", is essentially required to change the power allocation pattern, various organs of the state constitution to determine the room so, will this idea into practice, it also is the process of the core was a weaken or damage. Such as, "great liberating" formulation and the coordination of disposal agency established across two or more than two local state organs to solve specific disputes, often with constitutional provisions on [xxxvii] courts exercise judicial power independently and procuratorates exercise procuratorial power independently and mental conflict, can also cause the use of auxiliary system weakens the core political consequences or damage.

(two) the fundamental way out for China's digestion petition troubled, lies in the construction, reform and perfect the system, improve the core of justice to promote efficiency. Construction, reform and improve the core system involves many specific system construction project. Among them, first issue is to enhance the protection of basic civil rights, especially the security level of protection of private property right of speech and of the press, freedom of expression. Take the freedom of speech and of the press, Premier Wen Jiabao made at the three meeting of the eleven session of the National People's Congress on the "government work report" put forward, to "create conditions for people to criticize the government, government supervision, and give full play to the supervisory role of the news media, make the exercise of power in the sun." The term [xxxviii] is very good, but this is only he represented the highest organ of State Administration said, in fact, all public authorities should be in the supervision of citizens and the press under. Should create a condition, let the media can be in accordance premise independently published criticism even expose local public authorities and the leaders of the dark side of reports and comments, disputes through judicial way to solve.

The problem depends on the characteristics of digestion construction and market economy adapt to the forms of democracy and legal power disposition pattern, fundamentally solve the effective communication and interaction, folk. Market economy is by the market allocation of resources in the social economy plays a basic role in the economy, in this connection, political and legal principles of life should be consistent with the economic principles of life, competition is political legal resource allocation should be market-oriented to complete. This work mainly includes the following contents:

(1) the construction of democratic system within the ruling party. Party democracy construction is the premise and basis of the construction of democracy, social democracy country, are organs of state power at all levels can reflect the political foundation of public opinion effectively. According to the political and legal resources and social economic resources allocation consistent principle, the ruling party members at all levels of leadership and the ruling party to generate recommendations to the government leadership staff candidates through competition, each ordinary Party members should have the direct election of Party leadership vote and participate in the vote on the party recommended candidates to the national authorities.

(2) the legalization, relationship between the ruling party organizations at all levels and the relevant state organ standardization, program. The report of the 17th Party Congress stressed, should adhere to the basic strategy of governing the country according to law, improve the level of ruling, "to promote socialist democracy and political institutionalization, standardization and routinization, long period of stability to provide political and legal guarantees for the party and the state." [xxxix] in this respect, the primary problem of the transaction is the ruling party organizations at all levels in relation to the corresponding state organs also no specific constitutional provisions, no specific legal provisions can depend on, it is urgently important problem.

(3) of people's deputies at all levels and the Standing Committee of the NPC, "bicameral" the main leaders of the direct and orderly competitive election. The formation of competitive election system is the master and use the power of the legal guarantee for the. The first thing you should do in this thing is in accordance with the provisions of the "local people's congresses and people's governments organization law" carry out local state organs at the leadership staff competitive elections, let an election truly exceptional or rare.

(4) power allocation model between the central and local state organs as well as between the local state organs, although the state structure category, but in the final analysis is determined by the degree of democratization of society. In this regard, the power allocation structure of center of gravity for the characterization of the reform is fundamentally digestion and distress is an important condition.

The most direct impact on the digestion and distress, perhaps than trying to improve the judicial organs, especially the court's authority and credibility. The judicial authority and credibility is an important flexible resource judicial organs exercise their functions and powers independently and impartially to long-term accumulated. 30 years of reform and opening up, China's judicial authority and credibility and have accumulated a huge loss of time, from look on the whole is still a serious lack of. This situation not only to the country's long period of stability of justice poses a huge potential threat, is an important source of trouble is the gradual formation and development. China's judicial, need most is the independent exercise of powers and the condition of neutral and impartial image. Therefore, party organization should face up to it in the judicial field is different from the ruling power in the legislative, administrative and other fields, short-sighted attitude in view of the country's long period of stability change some of their local organizations to judicial pragmatism.

(three) before the remarkable achievements the core constitutional construction or reformation, constitutional framework in China will not continue to rely on the system, no other better in this round of selection. Leave the basic civil rights protection level, from within the ruling party democratic system construction, from all levels of NPC deputies and local state organs at all levels of leadership staff competitive elections, leaving the judicial independence guarantee, to dispel the petition problem is impossible, so in this case about weakening the system is no the actual significance. In this case, rely on the system and scope, let the petition system in core government take some function which is missing, but it is not the will of the people is the objective need to transfer.

Of course, have to rely on the petition system, should be to minimize the core political status and authority of the damage principle. The development of China's central government in the region is not balanced, in time also exist differences in stages, therefore, in some places in some time, the letters and visited disposal activities on the core political status and authority of the damage reduced to close to zero through the subjective efforts of experimenter and still achieve fairness and justice, it is not impossible.

(four) without a doubt, the development of constitutional China framework trend, the petition system should tend to fade or disappear, the most or all function, should gradually by the core system to. China's "constitution" not only the creation of the core system, but also the people entrusted to power in the whole country to master and use all kinds of subjects behavior core constitutional category, this kind of behavior is fundamentally a National People's Congress and local people's congresses at all levels. [xl] so, according to the basic principles of our constitution and its validation requirements, core constitutional was carrying all the constitutional responsibility to promote justice, in the social public life ought to assume full state constitutional framework. The auxiliary system, "the constitution" preface "certainly the CPPCC will further play an important role in its", "the political consultation system will exist and develop for a long time", but the Constitution did not grant the CPPCC any state power; as for the petition system, the Constitution does not mention the "petition" two words, not even any law. Any of the mentioned "petition". Therefore, from the constitutional and legal point of view, let the system take too much justice propulsion is barking up the wrong tree or imputation improper.

Dilute the petition system, can and should be done in stages. First of all should be diluted or phased out in court of second instance or retrial the so-called petition and the corresponding respondents disposal practices. According to the representative organs of the letters and visits should be replaced by the National People's Congress of the voters receive path. The administrative departments of the petition with more rationality, can exist for a long time, so the problem in this part of the desalination should postpone discussion.

(five) for maximum efficiency in the existing constitution acquire constitutional framework under the framework of planning, reform and construction of the petition system arrangement and the core political relationship, should be clear and to take into consideration both. In the recent ten years, the letters and visits system research and the disposition has not do one thing is not in place, the constitution of our country frame core system and auxiliary system based on the division of the petition system, clear positioning as part of an auxiliary system. Unknown macro positioning the petition system, resulting in the petition system development and core constitutional reform and the construction of the emergence of many uncoordinated and even conflicting situations, [xli] also left the unprejudiced, partial to the end, a headache cure head, the foot pain foot, struggling to cope with the perception of the public. In order to avoid repeated over and over again appear this kind of circumstance, and gradually reverse the passive situation of petition right way to digestion problems, the petition system fixed in the auxiliary system and its functional restrictions are necessary in the range of auxiliary system. The first is an understanding and theoretical problems.

On the one hand, whether in China or in any other country's constitutional framework, relying on the core political system should be able to effectively solve the fairness and justice in society most disputes, the basic realization of its social development phase of; on the other hand, any country's core political system are very difficult to completely do not support political support, alone to undertake all the responsibility to promote fairness and justice. According to the common sense of a country can be inferred, if excessive dependence on the assistant system, it shows that the core system itself is not strong, not enough efficiency, need to be strengthened or systematic reform. Reflecting real life that, if China has a constitutional framework especially need to strengthen the situation, then, people should first concern is the core of constitutional construction or improvement should be considered, then turn to the petition system and strengthen the system. Similarly, the constitution of our country frame if demonstrated to the letters and visits system in great demand, the performance that is false, the real situation of the mask must be the core political warning, indicating that the core system in urgent need of reinforcement or need adjustment, reform.

The author thinks, the core system and the system of its security justice mode should be the future direction of leading the petition system construction. The characteristics of this model, the constitutional framework is clear in structure and function to the core system as the main body, the petition system and other auxiliary system in support of the former position; constitutional, legal system, the latter does not enter from the legal level, in the legal system, the former subordinate. In this mode, connect the core constitutional and petition system, should be made by the rank below the legal normative documents such as administrative regulations, local regulations, judicial interpretation as "binder". Can say, this is the most justice mode close to our current constitution and relevant laws, the station position in core political support on the only justice mode advocated.

(six) is necessary to reform the current complaint handling mechanism, the direction of the reform should be to eliminate the petition system operation caused by impairment status, authority and effectiveness of the core political phenomenon. In accordance with the provisions of the constitution, the law and the spirit of the core system, positioning and petition system is clear, the former is the subject of constitutional framework, the latter in a subordinate position, the former is constitutional, legal recognition system, which is composed of an auxiliary system is established from the lower normative documents belonging to the constitution, the law of. But in the practice of justice in China to push forward, difference boundary and the position of core system of government and the petition system in the law is often ignored, so much so that the two different aspects of the elements like be zigzag, undivided, in justice to promote mutually for the use of process, sometimes is a zero sum game, and tug. The result is: on the one hand, the core system inefficient, derived from a large number of letters and demand, formed in the implementation of equity and justice of the petition system excessive dependence; on the other hand, the petition system to supplement core political efficacy, to assist the implementation of justice at the same time, different degrees of damage or weaken the core system.

In the current complaint handling mechanism, system elements that part of the facts into the core system and different scope and content, often zero and relationship with the core political nature, both formed in the justice in the process of promoting competition usually has zero sum game. According to the above stated ideas, in combination of interaction between the petition system and the core system logically divided into two patterns: one is the security of its position, keep minutes mode, in this mode, the organization has no legal basis, but there are administrative regulations or local regulations and other laws on the basis of the documents, to fully respect the position and authority of constitutional institutions; another is not the place, the confusion between the behavior model, its main features is beyond the set or use method and foreign institutions, statutory authority and procedures for dealing with the disputes. Do not place, confusion between behavior model of a typical performance, is provided without any complaint handling mechanism law documents according to do but its power across the state organs of more than one, the activity is often damage the constitutional status and the authority of state organs. [xlii] in different place, keep minutes behavior model, the petition system support or help effect on core constitutional; but not in place, confusion between behavior patterns, letters and visits system usually has two sides, which can promote the fairness and justice, but also accompanied by damaging the core political status and Authority Deputy effect of. The two sides we can be proved from some joint reception behavior. For example, according to the report, 2008 7 month 13 days, the city party secretary and mayor and 8 municipal Party and government leaders go all out, "held a joint meeting, for scheduling the 14 difficult problems to take collective petitions, by listening to the reports, case by case analysis, by making solution, finally 14 cases all clear the solution and the responsibility of the responsible person." [xliii] reports from context, they handle affairs including more than one lawsuit disputes, 8 city leaders should also include the city intermediate people's court and procuratorate procurator academy dean long. That is to say, this meeting is not only the party and government offices means, also has the property of Party and government organs and judicial organs offices, is super offices. However, such a super temporary agency activities, at least not in accordance with the constitution of the following principles, rules or spirit: the rule of law, power subject and scope of constitutional, judicial independence, the procuratorial independence. So, said the disposal of this kind of method bodies from the core constitutional status, authority and effectiveness is not too much.

So, at least from the actual situation of present stage, facing the first petition system reform is to eliminate the uncertainty of rank and authority mechanism and the disposal activities detract from the core constitutional status, authority and effectiveness of the problem. In this regard, the most common phenomenon in the present stage, is the person some high-ranking beyond the statutory authority to do instructions, and no fixed position and authority of disregard of relevant state organs Authority, procedures, a final decision or final judgment, various emergency petition dispute. These practices are illegal rule principle.

Our politicians, if the law can ebb and flow of a deep understanding of the core system of government and the petition system in the position and function of political system reform, in the process to be appropriate in the light of its general trend disposition, may fundamentally digestion or effectively alleviate social system disturbance will no longer is a very difficult thing.