The Reasonable Limit in the Exercise of Petition Right to Governmental Administrations in the New Era: The Reverse Thinking for the Protection of the Petition Right

"Protecting the litigant's right" is one of the basic links and core propositions in the judicial reform. In the practice of petition right to governmental administrations there are mainly two positive propulsion ideas of "problem oriented" and "concept implemented", but blindly positive propulsion must result in the increase of the potential risk of overcorrecting. It is a new idea to explore the reasonable (minimum) limit in the practice of petition right to governmental administrations from the reverse aspect. The exercise limit of petition right to governmental administrations is using the theory of object limitation and the theory of right limit as the source of legitimacy, and takes the finiteness of judicial resources, the limitation of judicial settlement in administrative disputes and the modesty of judicature as the considerations. In the absence of petition right level theory at present, the reasonable limit in the exercise of the petition right should be based on the rules as such, the current prosecution way and the prosecution conditions should prevail, reasonable parties' statements should be as the limit, and court' s alignment and verification should be as the degree. Regarding the risk prevention and control of abuse in petition right to governmental administrations, it should be conducted by involved parties to sign an agreement.