On The Construction Of Letters And Calls System Of China

As institutional arrangements,letters and calls have existed for a long time and have played an important role. It is existence is reasonable and inevitable. In the process of the evolution of political life and the new institutional arrangements was needed, which is the reason of the system change. However, the reality of the situation is that since the letters and calls system was set up, no matter what major changes occurred in society, letters and calls system reform is not scheduled on the agenda. Fixed system arrangement may regulate the dimensions of choice. If the reality needs to change and the letters and calls system still cling to the past rather than a fundamental pattern fits the trend. The function and development letters and calls will be seriously blocked. When the conflict of "system inadequate supply" and "demand system" can not be circumvented, it will be a huge price to pay of the social changes, even with the impact of social structure. Reconstruction of China's letters and calls system should therefore appear on the agenda. The administrative academic study on this issue is relative lack there is still not in-depth study of the correlation. Based on the current situation of China's letters and calls system and the theories, this article sums and analyze the function of letters and calls, then give the own humble opinion of the reconstruction in China's letters and calls system.This paper is divided into five parts:Partâ… : basic theoretical issues of the letters and calls system. In that section, the authors have analyzed the letters and calls with the concept and meaning of the letters and calls system. letters and calls concept on the basis of the analysis of the theory in light of the letters and calls rule, I believe that letters and calls is a citizen, legal persons and other organizations use telephone, e-mail and visits, etc to feedback the fact to the Party and government organs at all levels and their departments about the legislative, judicial and administrative acts. and complaint requests, which were made in response to visit the interactive behavior is the coordination between the letters and calls and letters and calls process is the main multi-system involvement. Based on this concept, author also analyzes the types of the letters and calls. The author believes the letters and calls system is a legal system with Chinese characteristics. Is a said of letters and calls activities and rules. letters and calls system can be attributed to the "public administration" in the area, including not only legislative and judicial including but limited by the laws and regulations restricting the government and other authorized activities. letters and calls, in the administrative field, is a remedial measures provided to citizens of a modern state. Civil remedies through the administration of justice, to protect their interests. The performance characteristics of the letters and calls system are the low cost, widespread, moderate, stretching several aspects. Regulating the legal level, the constitution provides most fundamental legal guarantees for a letters and calls. Seeing from the actual operating system mechanism, letters and calls provides the people a way solve the problems outside of the legal system, and provides system space and the institutionalized channels for the party and administration to interfere with the judicial activities. The letters and calls system has a dual nature, reflects their continued existence of the legitimacy and necessity. letters and calls reform of the system also makes its links and goal orientation clear. Partâ…¡: is the administrative analysis of the letters and calls system. The author analyzed letters and caller's legal rights and the power of letters and calls government. As a specific form of basic citizen rights, letters and caller's right to letters and calls is an important democratic right, it has been acknowledged by our Constitution, hidden many other rights groups, including many real rights, with the inclusion of a duplex structure. The exercise of the right hand makes the result of the violation of the basic rights of citizenship restored and relief, while the results of the state have been against the supervision and restriction dividend dynamic, more comprehensive scope of the relief. The power of letters and calls government is a kind of indirect, and the second layer, a soft, integrated political power. Therefore, the composition of power in the design of the letters and calls should be considered allocation of coordination, supervision, mediation, the guiding power. This right should be supported by democracy's strength and by the effective cooperation of the ruling political forces and other related systems, thereby playing a greater and greater role.Through the analysis of administrative functions of the letters and calls system, the author believes the letters and calls system has the functions such as: expression of interest, resolving disputes, relief and supervision. It is a comprehensive system composed of all-member-participated political mechanism, consultation and mediation mechanisms, judicial relief added mechanism and the civilian oversight right protection mechanism.Part III: The History and status analysis of the letters and calls system. In this section, the author analyzes the historical evolution of the letters and calls system, pointing out the letters and calls has long existed in our history. But today, the Communist Party of China's letters and calls system is a special relief style. The system evolution has three stages: the mass-mobilization letters and calls, bring order out of chaos and unity-letters and calls. Now China's letters and calls system has the status as follows: broad range of issues, the most reasonable problems, the increasing in non-institutional letters and calls, high cost with low efficiency. The article points out that the difficulty of current letters and calls system is the lack of unified and coordinated mechanism. The diversity of letters and calls brings the drawbacks such as departure of many agencies, crossed duties and the bucking issues. The lack of coordination in the System among various systems causes management confusion and low efficiency, increasing staff, the pressure on public finances and many other issues; of functions of letters and calls system. Many letters and callers take the view became better than other administrative relieves, or even a special right prior to judicial relief. The system, at first, for people to put forward their views, then becomes the best way to relief variance as a right. letters and calls agencies without executive power sometimes has unlimited power and also unconstrained, the tentacles of their work often extends to all areas of social life. Sometimes places the part of the state organs. letters and calls lacks of standardized procedures. letters and calls channels are to some extent impeded resulting in the backlog of letters and reports, and the problems will not be resolved.Part IV: A Comparative Study in abroad or other areas. The additional administrative relief system is extensive in the world. But different legal systems differ from there names and traditions. The part introduces for of the world's first letters and calls systems -- Sweden, British, French and Japanese system. Through the analysis of above nations, the author concludes: Hall and interests of the people need to resolve disputes outside the relief measures and judicial remedies; Relief agencies outside the judiciary must be independent, authoritative; We should give full play to the NPC and NPC's role in resolving grievances; judicial relief workers outside the law should act as a major relief agencies; Relief outside the judicial should be flexible and simple manner. China's letters and calls system reform must be conducive to the people's letters and calls, be conducive to the realization of the people right.Part V: The future letters and calls system of China. This is also the focus of the entire thesis. Previous chapters are to find the existence basis of letters and calls system, and then on that basis to make a legal analysis of the letters and calls system, and provide a legal opinion of China's letters and calls system reform and building.Analysis by the authors, western countries'expression system should be learned, and combined to the current People's Congress conditions and supervisory mechanisms, change the functions of existing institutions letters and calls. Re-build our letters and calls system on system design and mode selection, so that the letters and calls system to give full play to its solution, relief and promote harmonious society functions. Reconstruction of the letters and calls system should first coordinate with the relevant system. Reconstruction of China's letters and calls system is inseparable from the reform of the judicial system, improve of legal supervision, reconstruction of the entire dispute mechanism and the perfect convergence of letters and calls, reconsideration and litigation. Necessary supporting systems such as the civil service system, the procurator system, political party system, enforcement system, legislative system must be improved.Reconstruction of letters and calls system must be a gradual reform in the framework of law. The article provides the selection of the reconstruction style from three-level model: short, mode and long pattern. The letters and calls system can play a full relief part in the solution of disputes and embark on a track of healthy development based on independence of the judiciary and the authority of the judiciary.