The Procedural Link Between Letter-Complaining To Government And The Relief System Of Administrative Laws

Letter-Complaining System is a new political invention by the Communist Party ofChina from the mass line, emerged from the traditional oriental culture. It is apolitical participation, administrative supervision and rights relief sysytem withChinese characteristic. The original intention of establishment is to listen to the voiceof people; deal with the complaint, advice and appealing of people, in order toecourage them joining the new political power positively, overcome "Bureaucracy".However, the operation of any system is not same as the original intention, lettercomplainingevolved into a rights relief seytem from then on, and it was abused, evencontrary to the rule of law, damaged the judicial authority. Its system defects areexposed growingly under the new historical conditions. The States Council revised theLetter-Complaining Rule, and put it into force from May 1st, 2005. Immediately, thediscussion focus on the system invention of letter-complaining reached a higher level.This dissertation is based on the location of administrative law and rule of ourcountry, based on the description and analyse of present condition, within the reliefsystem of adminstration, from the view of system and standard, to set forth the question of procedural link between letter-complaining to government and reliefsystem of administitive law. The author is trying to find the correspondence point ofadministrative relief system among The Letter-Complaining Rule, The AdnimistrativeReview Law, The Adnimistrative Litigation Law, and the Excutive Compensation ofNational Compensation Law, by grasping the context of the system, and analyzing thelegal province deeply, detailedly; trying to lead the letter-complaining issues changedto the category adjusted by adnimistrative review, adnimistrative litigation, andexcutive compensation. The author expects to provide some way for reference toalleviate the great pressure of letter-complaining, and bring the relief system ofadministitive law into acting well.This dissertation consists of three parts. The first part is the foreword, introduce theestablishment, development of letter-complaining in China, and its systemcharacteristic; the second is the main text, which is the main body and has fivechapters; the third part is the conclusion summarizing main viewpoints, and extend thequestions worth being studied, concerned more. The first chapter of the main textmostly deals with the question and category studied; the second chapter explains theresearch puepose based on the system location and present condition; the trird chapterexpounds the procedural link between letter-complaining to government andadnimistrative review detailedly; the forth chapter expounds the procedural linkbetween letter-complaining to government and adnimistrative litigation detailedly; thefifth chapter expounds the procedural link between letter-complaining to governmentand excutive compensation briefly.