Reflection And Reconstruction Of Letters And Visits System In The Context Of The Rule Of Law

Letters and Visits System as a system has a long history source and social basis, It plays an important function on political participation, expression of interests, power supervision, communication , resolving disputes and right remedy in social life. But, as China's rapid economic development and social system transformation, letters and visits system is exposing a lot of flaws in the actual operation, facing many new challenges. And current legislation of letters and visits system is relatively scarce, effect of low level, weak operability, it is difficult to meet the expectations of the law for the people of letters and visits. However, every system that can exist and develop must have its rationality, it is necessary to argue the rationality of letters and visits system in the context of the rule of law. Undeniable, letters and visits system had played a significant role of right remedy in listening to the voices of vulnerable groups of society, realizing social justice etc. in a certain period and extent. But with the deepening of China's rule of law,letters and visits system as a system design has more strong personal nature and has a great contradiction and conflict with the rule of law. In this social context, letters and visits system is given unprecedented expectations of right remedy by vulnerable groups of society, therefore it challenges the judicial authority greatly and shows embarrassment of hard to bear. Facing the dilemma of letters and visits system, there is a fierce discussion in the theoretical world, everyone has a different point about "exist" or "waste" of letters and visits system. I believe that the most important reason that letters and visits system is facing the dilemma is that there is a dislocation of its function. Therefore, it is necessary to locate its function in the context of the rule of law, then reconstruct the system by the way of the rule of law to make letters and visits system return true, and continue to play its due role in the social development of the rule of law.For a long time, it is always a focus that the state and society concern the discussion of letters and visits system. However, the theory of academic research on this issue is still relatively lacking, and related research is not very in-depth in general, therefore this article put the letters and visits system in the big context of the rule of law, to further reflect and reconstruct, and to propose my shallow opinion about letters and visits system. This article is divided into four parts:The first part is the basic theory of the letters and visits system. In this section, I analyze the content of letters and visits and letters and visits system first. The definition about letters and visits, I believe that base on the "Letters and Visits Regulations", the meaning of letters and visits in China nowadays actually is that citizens, legal persons and other organizations make requests, comments, criticisms, suggestions and complaints, etc. to people's congresses at all levels, party and government departments, judicial organizations, etc. by telephone, email, fax, visit and other forms in order to participate in national affairs or protect their legal rights. On the meaning of letters and visits system, I think that the letters and visits system can be defined as a series of systems that citizens, legal persons and other organizations make requests, comments, criticisms, suggestions and complaints, etc. to people's congresses at all levels, party and government departments, judicial organizations, etc. by telephone, email, fax, visit and other forms when they participate in state affairs or legal rights be damaged, and the authorities take appropriate action. Then I integrate the existing research data to make a generalization and summarization about letters and visits system in general. To sum up, it includes political participation and expression of interest, power supervision and communication, resolving disputes and right remedy. Finally in this part, I reveal the basis of the letters and visits system, including the theory of people's sovereignty, civil rights and "clean government" consciousness. This part is indispensable because it is the theory bedding to expand discussion of following part.The second part is the status of China's letters and visits system. This part, the author explained from two aspects that they are current legislation and operation status. At present the legislation of letters and visits system includes the "Constitution" and State Council "Letters and Visits Regulations" and other legal norms. In general, current legislation appears low level of legislation, low effect, weak operability. It is unable to meet the masses on the expectation of letters and visits legislation. Operation status of letters and visits system can be divided into two parts that they are the system flaw in the operation of letters and visits system and new challenges of letters and visits work. The system flaw in the operation of letters and visits system mainly in four aspects, they are ambiguous position and scarce legal basis, bulky institutions and scarce independence of exercising authority, missing procedures and imperfect finalization, functional dislocation and disorder. The new challenges of letters and visits work include large number of letters and visits and the case closed is low, a wide range of covering and they are difficult to handle, more and more non-institutionalized letters and visits is growing.The third part is the reflection of letters and visits system in the context of the rule of law. The reflection of this part will be expanded from two levels, they are the argumentation of rationality of the letters and visits system and the dilemma that the letters and visits system is facing. In the second part of the discussion, we can see that although current letters and visits system has many problems, letters and visits system continue to exist and play an important role in the present context of the rule of law. There must be rational that a system can exist and long-term develop, therefore, it is necessary that discussing the rationality of letters and visits system in the context of the rule of law. The rationality of the letters and visits system mainly in: it is a rational approach to the expression of interest for citizen, an effective form of power supervision for citizen and a complementary mechanism to get right remedy for citizen. It is must be sure that every system is not perfect, the letters and visits system fell into the contrary dilemma with the rule of law because of its relatively strong color of the rule of man. Also, because the letters and visits system take more functions of right remedy that the function of letters and visits system is becoming "variation", therefore, the letters and visits system challenges the authority of the judiciary in the context of the rule of law and make itself fell into the dilemma again. Making a profound reflection of the dilemma of letters and visits system is to elicit the following theory thinking and reconstruct of the system in the last part.The fourth part is the reconstruction of the letters and visits system in the context of the rule of law. After witnessing the present situation and all kind of dilemmas of letters and visits system, the scholars criticized, reviewed and raised some proposals to reform the letters and visits system one after another. They also given the different views to the future direction of letters and visits system, they are "Strengthening Theory ", "Weakening Theory " and " Cancelling Theory ". In comparison, I prefer the point of Weakening Theory, lightening the functions of the letters and visits system and repositioning its functions in the context of the rule of law, weakening the function of the right remedy of the letters and visits system to make it return true. Then, the next step is to reconstruct the letters and visits system by perfecting the legal norms of the letters and visits system, setting up the judicial authority, establishing the professional ombudsman of national people's congress.