On Due Process Of Administrative Letters And Visits In China

Administrative Letters and Visits (ALV) is an important system with Chinesecharacteristics, which is a way for the people to exercise their democratic rights andprotect their lawful rights and interests,a nd also a channel for the government to heedpeople's comments, suggestions and complaints and accept their supervision. The rateof ALV is increasing year by year and the function of relief rights of ALV iscontinually expanding, so the power of ALV of administrative departments must bereasonably supervised and controlled. Establishing and improving the procedures ofALV may be a more effective legal control method. Because the essence ofprocedures is nonhuman'smanagement and decisions, and all layout is in order tolimit willful and arbitrary. But on a deeper level, the procedures itself must be dueprocess. Loss of support for the concept of due process, the procedures of ALV canalso be designed to provide legal protection of administrative departments'doing evil.Therefore, constructing due process in ALV is great theoretical and practicalsignificance of ultimately realizing the rule of law.This paper is doing research on the basis of the studies in being. The researchmethods include documentary analysis, comparative analysis and logic analysismethods. The research begins with the importance of constructing due process in ALV,then analyzes the existing administrative and local regulations of ALV to find out thesituation that does not meet the demands of due process, and puts forward the specific improving measures in accordance with the standards of due process. The purpose isto have an overall perspective, diagnosis and treatment of ALV, ensure the healthydevelopment of ALV and implement the function of ALV. Besides the preface, thearticle can be divided into three parts as follows:Chapter One: an overview of due process of ALV. Firstly, analyze the theories ofdue process to find common, then define the concept of due process of ALV. Secondly,demonstrate the need for constructing due process in ALV from the perspective of lawto reveal the practical needs and theoretical foundations. Lastly, on the basis of thestudies in being, put forward the minimum due process: a reasonable level of reviewsystem, justice as obligations, informing, hearing, giving reasons. And providerationale to analyze due process in ALV.Chapter Two: legislative status and analysis of due process of ALV. By analyzingnormative documents, find out the problems of due process in ALV in order to lay thefoundation for improving the system of due process.Chapter Three: concrete measures to improve due process of ALV. In author'sopinion, there have three channels: firstly, establish the principle of due process in theConstitution to guide the construction of due process in ALV? secondly, amend theexisting < Regulations on Letters and Visits > or introduce < Administrative Lettersand Visits Law of The People's Republic of China > to improve concrete measures ofdue process of ALV? lastly, improve the relevant remedy system to protect due processof ALV.