Discretion. On The Administrative Complaint Contraction

Xinfang, the Public Voice System through Letters and Calls,as a system of interest articulation which embodies the political participation, the reports of people's conditions,the supervision on the exercise of power and the relief of power in the fields of Chinese politics and legislation, has its own necessity and feasibility. Xinfang in the administrative field is an activity dealt with in accordance with laws by concerned administrative organs, which plays an important role in our national pattern of Xinfang.This thesis based on the theory of Administrative Discretionary Contract, tries to analyze Xinfang in the administrative field in China from the aspects of obligation and restriction of administrative rights.We try to use the theory of Administrative Discretionary Contract to deal with the administrative omission in Xinfang, with the expectation to provide with some references for how to legally and rationally deal with the problems in Xinfang.This thesis mainly concerns the following three parts:Chapter one is mainly about the origin of the theory of Administrative Discretionary Contract. Through talking about the origin of the theory of Administrative Discretionary Contract, we quote some related ideas to give the definition of discretionary contract of Xinfang in the administrative field.Furthermore,through analyzing the theory, we try to expound and prove the value of the definition. Chapter two talks about the necessity of using the theory of Administrative Discretionary Contract in Xinfang from legal and rational aspects.Then according to the theory of discretionary defect, we categorize the problems of Xinfang in the administrative field, trying to prove the theoretical practical meaning of using the Discretionary Contract theory to deal with the Xinfang problems.Chapter three discusses the development and norms of discretionary contract in Xinfang in the administrative field.It specifies how to use discretionary contract in Xinfang.It also talks about how to regulate the discretionary contract in Xinfang from the aspects such as laws,informal control and judicial relief.