The Discussion Of Interest And Visit Agreement And Its Efficacy

The petition system is a unique significant system in socialist legal system with Chinese characteristics and also an important component in Chinese democratic politics. It is a relief system that the party and government strengthen the relation with people, maintain the interests of people and accept the supervision of people, whose purpose is solving problems infringing upon the interests of people in the bud, which has an important practical significance to construct the socialist harmonious society. In a sense, the petition system has the efficacy of reducing judicial burden and to some extent, supplementing and perfecting the judicial deficiency. However, with the constant development of socialistic economy, facing complex social contradictions, it is urgent to solve the problems how to determine interest and visit agreement and define relevant law issues. The aim of this paper is demonstrating the interest and visit agreement and efficacy systematically, which provides valuable references for solving petition problems in reality.The content of this paper is divided into three parts: Part one is discussing the establishment of interest and visit agreement. From the view of the premise, main part and content of the establishment of the interest and visit agreement, the main identity and applicable range of signed interest and visit agreement in handling petition problems are analyzed. In the premise, two situations not suitable for signing interest and visit agreement are demonstrated with the exclusive method. One: Petition matters appealed by unjust interests, which are unreasonable and mischievous; two, the situation has the law responsibility body, and payment ability, which can be solved by the way of law relief; in the main part, petitioners are the main part of interest and visit agreement and this point is without controversy. Letter-and-petition departments accept petition letters and draft interest and visit agreement, whose role is similar to that of mediators, but the other main part of the agreement is the responsibility authority. In the content, interest and visit agreement is a kind of legal instrument. From the view of law relations, relations of rights and obligations of the parties are determined by terms of agreement. Two sides of the parties agree to sign the agreement according to law, rights and obligations of the parties are determined by the terms of the agreement. The content of the law behavior of interest and visit agreement is formed. Finally, by means of law relief, appeal of letters and petition is in reason. Problems can be solved by means of relief of letters and petition, after the agreement reached by administrative organs and parties of letters and petition, then interest and visit agreement can be signed. The second part discusses the legal nature of interest and visit agreement. One side of interest and visit agreement must be the organization which has the legal administrative power or the organization authorized by law rules. The administrative purpose is achieved by the administrative subject, which adopts the form of agreement. That is also the fact that petitioners will not petition, so the stability of social order can be maintained, the harmony of society can be promoted.Interest and visit agreement is signed by the administrative organs and petitioners, which is to realize the purpose of administrative management and it has administrative properties. At the same time, interest and visit agreement is produced by autonomy of will, and it is the legal action on the basis of equality and voluntariness of the parties, without the force and repression of any parties, with the general properties of the contract. Interest and visit agreement is not the administrative contract strictly, or not belongs to the category of the civil contract in the general meaning. But it shall be in the adjusting range of the public law, so interest and visit agreement is a special administrative contract. The third part discusses the effectiveness mainly, which is the existence meaning of the interest and visit agreement. This paper is discussed from three aspects. One, legal binding of the interest and visit agreement is analyzed, and interest and visit agreement has the contract property and the legal force under the real meaning and compromise of parties. Two, liability of breach of interest and visit agreement is demonstrated, as to breach of administrative organs, it can be solved by adopting the judicial relief, and administrative responsibility of liable persons can be investigated. As to the breach of the party of letters and petition, it can be decided when administrative organs appeal to the court. Activities violate the agreement of not petitioning and petition illegally, which shall be sanctioned administratively. Three, ineffectiveness and legal consequences shall be demonstrated. Interest and visit agreement is invalid in the following three situations. The wrong subject of the interest and visit agreement, both parties collude maliciously to damage the interests of the state, and public interests are infringed obviously. The refund of the contract consideration is caused by the ineffectiveness of the interest and visit agreement, the losses shall be compensated.Conclusion: The nature and role of the interest and visit agreement is a kind of dispute solving method, believed to base on the agreement with the contract nature and social stability is acquired. It is a specific embodiment with Chinese characteristic dispute resolution mechanism. Although the determination and executive defining are not comprehensive in relevant law and regulations, as a dispute resolution mechanism suitable for the actual condition in China, interest and visit agreement is deserved us to pay attention. This is the actual need of building a socialist and legal country and the main support of constructing a socialist harmonious society.