Study Of China's Administrative Complaint Procedures

Administrative Letters and Visits(ALV)is an important system with Chinese characteristics, which is a way for the people to exercise their democratic rights and protect their lawful rights and interests, and also a channel for the government to heed peoples comments, suggestions and complaints and accept their supervision. The complaint in dispute resolution mechanism study or in the research of administrative remedy system is at very edge position, even not be admitted. This probably is because some legal researchers believe the complaint lacking of legal regulations, with relatively strong power from man. Some scholars consider it weakened the national judicial authority of relief, reduced the credibility of the government management, thus advocated canceling the complaint system and strengthen the judicial relief. We should see that the existence of complaint system has its profound culture, social system, and in the realistic society still has its unique function, regulate social relationship plays an irreplaceable role. Therefore, in the complaint reporting system to see many defects, it should not be simply denied of the system, on the contrary, it should be considered in the current environment of how to improve, how to make the process with the administrative constitutionality coordination. The rate of ALV is increasing year by year and the function of ALV is continually expanding, so the power of ALV of administrative departments must be reasonably supervised and controlled.By improving the administrative procedure, the complaint reporting itself may be an effective legal control method. Because the essence of the program is avoiding the humanized management and decision, of which the purpose is to limit all adjourn and arbitrary. But deeply, the program itself also must be justified. Without due process, the concept of administrative support complaint procedures can be designed as. legitimate security administrative organ evildoers. Therefore to construct the proper procedures for administrative complaint letters is of important theoretical and practical significance for the research point of administrative law and to achieve justice finally. This paper attempts to do the research on the base of administrative law of existing research results, comprehensive literature analysis, comparative analysis and logic analysis, from multiple perspectives on the proper procedures of administrative complaint. Constructing proper procedures complaint is of great necessity on administrative research, the complaint reporting procedures for administrative regulations and implementation of current analysis, to find which does not conform to the requirements as the condition, the author puts forward the proper procedure according to the standards for perfect concrete countermeasures. Attempts to construct the complaint in administrative procedures for administrative complaint, as a general perspective and treatment, to ensure the healthy development of the complaint, the administrative system of the complaint realize administrative functions.Besides the preface, the article can be divided into three parts as follows:Chapter One:an overview of due process of ALV. Chapter Two:legislative status and analysis of due process of ALV. Chapter Three:concrete measures to improve due process of ALV.