Analysis Of The Jurisdiction Of Administrative Letters And Visits

This paper which analyzes the present situation of legislation on the practical problems and the jurisdiction of Administrative Letters and Visits is based on the existing research findings of administrative law area, comprehensive use of Normative Analysis, Comparative Method and Case study analysis. Besides the preface and the conclusion, the paper can be divided into three parts as follows:Chapter One: an overview of the jurisdiction of Administrative Letters and Visits. Firstly, analyze the theories of administrative litigation jurisdiction, administrative reconsideration jurisdiction, administrative punishment jurisdiction and the common administration jurisdiction of the mainland scholars of our country, and also reference the administration jurisdiction of the Taiwan scholars of our country, then define the concept and the characteristics of the jurisdiction with the own characteristics of ALV. Secondly, it is divided into three categories by the processing of the ALV and the simple recursive logic of determining the jurisdiction of the ALV: the proceeding of tertiary treatment classification, the simple recursive logic classification and other classifications. Lastly, on the basis of the legislative purposes of Regulations on Letters and Visits, put forward the unique functions of the jurisdiction of ALV: facilitate the letter-writers or visitors to present letter-or-visit matter; improve the handling efficiency of the letter-or-visit matters, establish Responsible Government.Chapter Two: Analyses of the legislative status and the practical problems of the jurisdiction of ALV. Firstly, by analyzing the subject of the jurisdiction of ALV, the category of the jurisdiction of ALV, the principle of the jurisdiction of ALV, and the responsibility of the jurisdiction of ALV, to find out the problems of'the administrative organ which has the power to handle'and'the department of the people's government at the next higher level'. Secondly, it is analyzed that the practical problems of the jurisdiction of ALV which based on the subject matter jurisdiction, the territorial jurisdiction, the level of jurisdiction, and the accountability system. The subject matter jurisdiction:'the performance of duties'is indefinite, the substantive examination of'the performance of duties'has not yet been reviewed, and the statutory jurisdiction of the main subjects also gets replaced by a non-statutory commitment in practice. The territorial jurisdiction: the standard of the territorial jurisdiction of the ALV is indefinite, the law does not rule that the cross- territorial jurisdiction and the exceptions. The level of jurisdiction:'the administrative organs which have the power to handle'are deliberately reduced or changed, and'the departments of the people's government at the next higher level'are artificially restrained, the proceedings of tertiary treatment of the ALV are difficult to put into practice, and the law does not rule that the exceptions of the level of jurisdiction of the ALV. There are also unclear definition of responsibilities and difficult to achieve the accountability questions in the accountability system.Chapter Three: concrete measures to improve the jurisdiction of ALV. Firstly, takes an overview of improving the jurisdiction of ALV, and then formulates the legislative goals of introducing the Administrative Letters and Visits Law of the People's Republic of China to improve the ALV. And also designs a workable alternative solution, introducing the Administrative Letters and Visits Law of the People's Republic of China will be summarized into three stages: First, clean up the inopportune legal norms and the documents regularly; second, interpret lawful and reasonable'legal interpretation'in time according to practical operational requirements; third, amend the Existing Regulations on Letters and Visits to keep pace with the times, rise to the legal level finally. Secondly, in author's opinion, there are two channels to improve the jurisdiction of ALV: on one hand, proposed that amend the chapter 4 of the Existing Regulations on Letters and Visits, specified'the principle of the jurisdiction of ALV', at the same time, also increased,'the principles of facilitate the letter-writers or visitors to present letter-or-visit matter';'the principles of combined solve the simple problems with resolving the deep-seated system problems';'the principles of consistent with authority and responsibility'and'the principles of emergency special jurisdiction'. On the other hand, proposed some concrete measures to overcome the practical problems which have analyzed in the second part of the second chapter. Including that, the subject matter jurisdiction: specified'the performance of duties'and the substantive examination of'the performance of duties'to amend the subject matter jurisdiction. The territorial jurisdiction: proposed that amend the chapter 24, 25 of the Existing Regulations on Letters and Visits, specified the cross- territorial jurisdiction. At the same time, amend the chapter 26 of the Existing Regulations on Letters and Visits, and also increased, the exceptions of the real estate matters. The level of jurisdiction: proposed that interpret some'legal interpretation'in time and amend the chapter 22(1) and the chapter 35 of the Existing Regulations on Letters and Visits specified'the administrative organ which has the power to handle'and'the department of the people's government at the next higher level'. And interpret some'legal interpretation'according to the practical operational requirements to rule the exceptions of the level of jurisdiction of the ALV. Finally, the accountability system: there are two aspects which should to make the definition of responsibilities clearly and also should to make the accountability questions come true to amend the accountability system.