The Difficulties Faced by Chinese Compliant Reporting System in the Rule-of-law Proceedings and Its Reformation
|School||East China University of Political Science|
|Keywords||complaint predicament reform|
The complaint reporting system is a unique innovation in the socialist politicalsystem of our country. It derives directly from the mass line of Chinese CommunistParty. Meanwhile, it has also played a remarkable role since the establishment of thePeople’s Republic of China. However, there’s no need for reticence, with variousproblems existing in the practice of the system and several serious events occurring asa result of it. One notable problem is the rule-of-man hint exposed in the handlingprocess of the complaint reporting system. That gravely contradicts with our country’spolicy to continuously strengthen and carry forward the rule-of-law proceedings. Onthe one hand, the complaint system, as a basic right of Chinese citizens given by theconstitution, links up the party and the government with the masses, and plays anirreplaceable role in the relieving, supervising as well as participating in governmentand political affairs. On the other hand, the problems existing in the system itself areleading to an enduring uprising of the complaint load, an accumulation ofcontradictions, a deviation of the results with the original intention, etc. Thewhere-to-go problem of the complaint system is becoming a hot spot of attention anddiscussion in both the Theory Class and the Doing Class.With a historical look back in the development of the complaint system and adeep research in current problems, this paper holds that the complaint system is anindispensable supplement of the judicial system during our country’s rule-of-lawproceedings. The complaint system is still playing an irreplaceable role as our legalconstruction being uncompleted. We must strengthen and improve it, rather than stopit at once during the construction of the initial stage of socialism. However, we shouldalso recognize that the increasingly notable and recurrent complaint events will not only influence social stabilization but also threaten the mass base of the country andthe government. The complaint system is not only a way to protect the litigants’ rights,but also a way by which the government can observe the public sentiment and realizelong-term stability for the country and society. Meanwhile, the reform of thecomplaint system is not simply a reform in forms, but it requires also a systematicaland overall deliberation. The reform needs to be pushed forward during a reform ofthe political system. In a long-term consideration of the country’s reform andimprovement of the political system, the complaint system must be a historicalproduct the status and affects of which should gradually reduce and adjust as therule-of-law proceedings go on. At present, what should be emphasized and solved firstis how to gradually extricate the complaint system from interest demand of citizen’spersonal cases and how to make it a real channel through which the masses cansupervise legal construction and participate in political affairs, thus to establish a solidbase for a long-term development of the complaint system.