신방(信訪)제도의 “약한” 폐지에 관한 연구 - 신방제도 기능에 기한 분석 -

Abstract

At present, the controversy about China's petition system has been constant, and there are mainly six viewpoints. The controversy of “reinforcement theory” and “abolishment theory” is more prominent. This paper mainly refutes the main reasons for the existence of the petition system to form an indirect support for the “abolishment theory.” Through the analysis and criticism of the democratic value, the political participation function, the supervision function, the dispute resolution function, and the function of the “pressure reducing valve” of the petition system, the insufficiency of the reason of the reinforcement theory is demonstrated. From the perspective of theoretical analysis, the necessity of strengthening the petition system is worthy of reflection. However, whether to abolish the petition system still needs to be analyzed from the two dimensions of history and reality. As far as modern state governance is concerned, it is necessary to study how to integrate petition into the rule of law system at the institutional level and eliminate the causes of petition at the source through improving governance ability in practice. In this way, the phenomenon of petition will be reduced naturally, and the petition system with strong traditional color has no need to exist naturally