Study On Right Relief Of Administrative Letters And Visits To The Social Vulnerable Groups

Administrative Letters and Visits with Chinese characteristics is a democratic political system, this system has play an important role in contacting the Party and the Government and the masses; such as understanding the public opinion; accepting the populace’s supervision, resolving conflicts and solving the problem. As a remedial measure and resolve dispute system to the general public, Administrative Letters and Visits is top-down in legislative, executive, and judicial departments in China, this is unique in the world. Administrative Letters and Visits is an essential part of the system of Letters and Visits, has dual function of the right to express public opinion and relief of right.Since the1990s, along with the change of urban and rural structure and social class differentiation, our country there was a tremendous number of social vulnerable groups with complex structures. This group encountered many difficulties in realization of the right of problems in all sectors of the society. As the social security system is not perfect today, the expression of interests of vulnerable groups is difficult to solve through the Administrative Litigation and Administrative Reconsideration. A large number of disputes swarm into Administrative Letters and Visits channel. Although the system has played a tremendous part in resolving disputes, but because of the social responsibility of Administrative Letters and Visits with far greater responsibilities than it could take, so it would be lead to depth contradictions in the society, group incidents are endless. How to coordinate the interest relations of the various social strata, form reasonable interests structure gradually, and offer direct democracy channel of communication to the vulnerable groups in certain areas is a problem. Administrative Letters and Visits as an alternative dispute resolution mechanism, is to provide extrajudicial relief to maladministration, make up for limitations of judicial remedies.This thesis is divided into four parts:The first part makes a general introduction about Administrative Letters and Visits. This system has many functions after its setting up, from conveying public opinion to accusing or exposing others, from putting forward the proposal to find a resolution to the dispute, and the right relief just be given in some special period. The populace take it as a main remedy to the maladministration in today’s society. Based on its making up for the judicial remedies limitations and the development of "democratic administrative theory", Administrative Letters and Visits should have the function of relief of right.The second part:through the analysis of the characteristics and basic form which the vulnerable groups affected in our country, Administrative Litigation and Administrative Reconsideration in a current system can’t give effective relief to the vulnerable groups. Based on their own characteristics between vulnerable groups and Administrative Letters and Visits, we can get why the vulnerable groups rely greatly on Administrative Letters and Visits. But as a relief means, Administrative Letters and Visits also has its own defects, make the right remedy of vulnerable groups face its present predicament.The third part:because there have perfect legal system and the social security system abroad to protect vulnerable groups, so there is no specific administrative remedy mechanism to vulnerable groups. So in this chapter, through studies ombudsman institution which is similar to Administrative Letters and Visits in our country, we can find ombudsman play an essential role to protect the populace. Above all, We can use it for reference to discuss the reform of the Administrative Letters and Visits, so as to protect vulnerble groups.The fourth part introduces the different views about system reform about Administrative Letters and Visits in today’s China. This thesis tries to fix it position accurately, which is a supervision system mainly include petition right, and a certain supplementary relief function to maladministration, make up the deficiency of the administrative remedy and judicial remedy. Through solving systemic function of Administrative Letters and Visits, unified the system, defined the scope of accepting cases, gave ombudsman independent power to supervision and investigation, linked up with other remedies. Through reasonable procedures, perfect system and perfect procedural justice and innovative mechanism to reduce the right safeguarding cost of vulnerable groups, safeguard the interests of vulnerable groups and then to promote social stability and harmony.