Research Of Complaint Reception System From The Jurisprudential Angle

Different from the former researches which lay special emphasis on adjusting system and proposing strategy of the complaint reception from the angel of executive administrative law, this essay analyses the jurisprudential basis of complaint reception from the angel of jurisprudence and constitution, proposing the viewpoint that it could be adapt to contemporary legal practice in china in spite of its rule- of- man feature. The preamble mainly introduces the history, profile and recent research background of the complaint reception.Chapter 1 firstly introduces the origin of the system of complaint reception and formation of the contemporary concept. Through the analysis of the concept, it draws a conclusion that the law doesn't forbid bypassing the immediate leadership and presenting complaints to higher levels and tries to restrain complaints in the limits of administration. Then through the analysis the similar regal relations, this chapter clearly propose that the complaints involving litigation is the crux between complaints and justice relief, which foreshadows the proof that complaint reception is compatible to the rule of law.Chapter 2 discusses the jurisprudential basis of the system of complaint reception which conceiving the value of freedom, justice and order in law. If quantity of complaints increases sharply, which displace the existing legal system and become the main solution to the social disputes, the sound feedback of demerits will deprive the merits.Chapter 3 discusses the inheritance and development of prosecution to the highest by the system of complaint reception. The system of prosecution to the highest has the formal function to redress the injustice and deep function of consolidation of highest sovereignty. After the reunification of our country, actually, the system of complaint reception still inherits and bears the responsibility of former two functions. But in the circumstance of rule of law, the function of complaint reception should only retrieve the outer of judicial relief, which is a necessary part demonstrating complaint reception considered as a method of rule of man is compatible to the rule of law.Chapter 4 analyzes the variation and result of system of complaint reception. Complicated institutes and large amount of complaints make the system break through the fixed patch-of-law position, whereas, due to the method of level by level and the dislocated predetermined functions, actual effect of mediation is limited which is far from the anticipation of civilians and government. The situation leads to the power of judicial power weakening and authority losing, bloated administrative power, destruction of decentralization of power and depression of effect of the system of complaint reception and self rationality doubted, which aggravate the presenting complaints to higher levels out of control that become the persistent ailment of the society,Chapter 5 analyzes the jurisprudential basis of bypassing the immediate leadership and presenting complaints to higher levels. According to the constitutional foundation, this chapter points out that regulation on complaint reception forbidding presenting complaints to higher levels has unconstitutional suspicion. Presenting complaints to higher levels has self and rule-of-man inevitability, forbidding which is contrary to logical origin. Chapter 6 discusses the source of the reason why the system of complaint reception could be prolonged and strengthened continuously. The legal culture source mainly is jurisprudent mentality of seeking the substantive justice and traditional judicial culture of obeying authorities. The realistic structural one mainly is intensive centralization of power in the systematical design, intensive centralization of governmental power without civil society, central intensive centralization of power in internal power allotment as well as incomplete judicial systems and narrow range of litigious right, which originates in lack of confidence in judicial power.Chapter 7 summarizes two conclusions which are most important in author's opinion referring to the jurisprudential basis of the system of complaint reception. First is the system of complaint reception should be reserved and become the valuable patch to the rule of law. Second is that complaints involving litigation should be forbidden and the authority of judicial final ruling should be established.No matter what the history and status quo of the system of complaint reception are, no matter what the mainstream viewpoints from the legal theoretical and practical community are, the changes of designative ideas, realistic construction and the view of evaluation in the pattern of complaint reception in the age of transitional society may take place now.