On The Right Relief Function Of Administrative Letters And Visits

The System of Letters and Visits has a long history in China. As a traditional system, the System of Administrative Letters and Visits has played an important role in power oversight, public opinion expression and right relief for a long time after the founding of new China. With the rapid development of Chinese society, social contradictions are increasing while the rule of law is relatively not perfect. This resulted in such consequences that many social conflicts can not be resolved and become accumulative and sharp.Then the peak of Letters and Visits comes again and again.Theorists and practitioners start a lasting argument on whether Letters and Visits should be retained.There are three different opinions on this topic:to retain the System of Letters and Visits and to abolish the System of Letters Visits.When discussing the issue, some of the opinions mentioned above generally elaborate it under the premise of not distinguishing the difference between Legislative Letters and Visits, Judicial Letters and Visits and Administrative Letters and Visits and some of the opinions mentioned above generally analyze it without distinguish the different functions of the System of Letters and Visits.This thesis argues that it is not comprehensive to simply hold view of retaining, abolishing the System of Letters and Visits when discussing the System. It is necessary to classify the System itself and its functions to identify the crux of the problem.As for the System of Letters and Visits, it can be divided into three categories according to the active statute:Legislative Letters and Visits, Judicial Letters and Visits and Administrative Letters and Visits.Administrative activities have more extensive and direct impact on the interest of Citizens, legal persons and other organizations, so it is easier to result in disputes in administrative activities.A large number of Letters and Visits generated in the process of administrative activities.So this thesis chooses Administrative Letters and Visits to study. As for the functions of the System of Letters and Visits, it can also be divided into three categories political oversight, public opinion expression and right relief. The System of Letters and Visits meet the demand of the development of democracy and the rule of law to increase political participation channels of citizens, legal persons and other organizations, so it is no doubt that its functions in political oversight and public opinion expression should be retained. The argument on the System of Letters and Visits is mainly aroused by its function of right relief, especially Administrative Letters and Visits'function of right relief, so this thesis will select the right relief function of Administrative Letters and Visits as study object to make a systematic study.The whole thesis is divided into four parts:the first part makes a general introduction about Administrative Letters and Visits.It starts from the concepts of the System of Letters and Visits and Administrative Letters and Visits, look back on the history of the System of.Letters and Visits, briefly introduce its operation status and the argument related to educe the subject of this thesis and show the opinion about the right relief function of Administrative Letters and Visits in this thesis.The second part analyze the necessity of retaining Administrative Letters and Visits to make it clear that Administrative Letters and Visits should be retained as a complementary way to relieve rights from the perspective of the defects of judicial remedy and quasi-judicial remedy, the practical needs to solve social disputes during the process of social transition.Then it makes a contrast between Administrative Letters and Visits and the related Systems to explain that retaining Administrative Letters and Visits does not conflict with the demands of the rule of law and that Administrative Letters and Visits is not a dispute settlement mechanism of rule of man. The third part analyze the feasibility of retaining Administrative Letters and Visits from the perspective of the theoretical basis of improving the right relief function of Administrative Letters and Visits and the relation between improving the right relief function of Administrative Letters and Visits and the practice of rule of law in modern China. The fourth part proposes improvement measures from the perspective of the legalization of Chinese Administrative Procedure and the perfection of administrative remedy system and on the principle of preventing the violation of the rights during administrative execution and providing relief by the greatest extent.