Research On Legalization Of Rural Administrative Complaint Letters And Visits

Administrative complaint letters and visits refers to the citizens, legal persons or other organizations presenting suggestions and opinions or complaining to government by letter, email, fax and telephone in accordance with the request by the relevant administrative authorities, a way dealing with the relationship between public power and the public in the construction of the socialist road with Chinese characteristics. It plays an important role in political participation and remedy, while it also has many problems. To solve the problems, it is a better way to combine administrative complaint letters and visits with rule of law.The first part of the paper illustrates the concept of administrative complaint letters and visits, analyses the function of it, and puts forward the way of legalization in vilage.The second part focuses on the comprehensive analysis of the problems facing the administrative complaint letters and visits in the process of legalization. On the basis of the investigation of rural administrative complaint letters and visits in shangyu in Zhejiang province, the author analyses the four features: the total amount of which is endlessly increasing, the situation of complaint letters and visits bypass the immediate leadership is serious, the content of which is increasingly rich, and the difficulty of solution is also increasing. Through the phenomenon lies the essence, the author thinks the reasons of serious legalization problem exist in three aspects: the first one is on the level of system, there exist the problems of function misplacement, so the effect is not so ideal . The second one lies in one of the principal parts-the problem of farmers, the way to express their ideas is not so smooth from the objective view, while the subjective reason is that the farmers are presenting complaint letters and visits regardless of law . The third one is another principal part- administrators, the problems are their indifference, low quality and instability.It's time to find the solution after findig the problems. The third part of the paper puts forward some corresponding countermeasures of no legalization on the basis of the analysis in the second part. The author thinks the first step is to perfect system, strenthen the law enforcement , ensure the implementation of the system and solve the problem of improper execution. Then, in order to solve the problem in rural administrative complaint letter and visits , the legal environment construction must be strenthened, the right remedy function of litigation must be enlarged, and the judicial authority should be put in the leading role to furthor weaken the remedy fuction, so that the main functions of political involvement of complaint letters and vists, which are reflecting problems and giving comments and suggestions, can be recovered. We should strengthen the legal publicity and education of farmers, who should be able to know and comply with law, and present complaint letters and visits according to law. Finally, the author explores the ways of legalization to strengthen the law enforcement and reform the judicial system. We believe that we will gradually have the legalization of administrative complaint letters and visits through our effort.