Suspicion Of The Function Of Administrative Complaint

Administrative complaint is a very unique Chinese political system, but also a legal system. As a system, it will be inevitably given some tasks and functions, and provided the appropriate procedures and mechanisms by the law. However, the petition system manifested functions demonstrated in the reality of operation that is not confined to pre-content of petition law, on the contrary it has not only disability but also extending. Currently, the administrative petition system has become institutional device that the government has conducted effective control to a citizen or petitioner's expressions and demands of interest. At the same time, making the administrative petition further strengthen or lawful has more strengthen simply the responsible mechanism of government responding to civil letters and visits,but does not mean that relief and protection of civil rights has been further strengthened, which could not only difficult to regulate procedures and protect petitioners' rights, but also cause probably institutional tighten barriers to the expressions and demands of citizen rights. Scholars have avoided intentionally this problem, which has not only been able to solve the problems of petition, contrarily may affect the improvement process of our civil rights protection mechanism.Therefore, the article will make petition rights as an entry point which discusses reposition of administrative complaint function and combines with the civil rights'barrier, thinks in fact the petition rights has meanings of the rights of free expression and petition for citizen. And trying to through a brief review of the administrative complaint history and the analysis of its reality operation currently, re-understands the factual basis of the existence of administrative complaint system and analyses the petitioner's right to property under the current of petition system and relocates administrative petition system, then in the fact of system barrier of construction providing an alternative direction for the expression of citizen petition right and a new breakthrough for the construction of democratic rule of law in China.The article is divided into four parts:Chapter 1:The History and evolution of the petition system and the definition of the concept of administrative letters; the petition work the year of before and after 1978, especially after the founding of "Letters and Visits Regulations of the State Council" formulated and revised, where the essential difference between letters and visits was. Chapter 2:Interpretation of the statutory functions of administrative complaint. Mainly related to the interpretation and analysis of the defaulted lawful function for the administrative complaint; combing administrative complaint's types and analyzing administrative complaint's reasons, and the performance of response mechanisms that the administrative petition system responses when facing challenges. Chapter 3:The analysis of factual function of administrative letters; mainly describing in reality operation of actual performance and extension of functions of administrative complaint, and the analysis of reasons of different between statutory functions and features functions of administrative complaint. Chapter 4:Administrative complaint function's system space and outlook. Mainly sorts and analyzes views of administrative petition system positioning; the starter of administrative petition system-understanding and analysis of letters rights as well as its status and role in the petition system's functional position, and then re-examine the administrative petition system, in the breakthrough administrative petition system plight and in the barriers the expression and protection of civil rights construct a positive interaction, for building opportunity to the freedom of expression of civil rights for our system.In short, this article attempts to elaborate the reasons that the administrative petition system is in crisis from the inconsistent and even back against angles of the statutory functions and the factual functions of administrative petition system, and through analyzing the rights-based of letters to reveal currently the outlet of administrative petition system, in order to make administrative petition system truly become a legal system of communicating of public opinion and protecting the civil rights.