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Research On The Reform On Letters And Calls From The View Of Public Law

Posted on:2013-10-25Degree:MasterType:Thesis
Country:ChinaCandidate:L J LiaoFull Text:PDF
GTID:2256330425450886Subject:The constitution and administrative law
Abstract/Summary:PDF Full Text Request
The letter and call system in China emerged in the1950s and as a special means ofremedy of expression of public’s opinions to the upper level, expression of public petition,participation in the politics and maintenance of rights and interests, the system is an importantbridge and link for the Party to closely communicate with the mass and an important way forthe citizen to exercise democratic rights. The system has played very important political rolein the special historical period, a great many citizens have maintained their legitimate rightsand interests through the letter and call channel and after the development and reform in morethan half century, it can be said that the letter and call system has been well received by thepublic and has become a basic system for the Chinese citizens especially the citizens at thebasic level to achieve their rights of speech and has played an important role in easing publicanger and solving disputes.At present, China is in the rapid development period of economy, social transformationperiod and frequent happening period of social conflicts, and thus the total amount of lettersand calls increase year by year and the letter and call situation becomes more and morecomplex, which continuously tests the practicability and effectiveness of the letter and callsystem as a means of remedy. Due to the system defects such as the ambiguity of theprovisions of the Regulations on Letters and Calls, lack of penalty clauses and the defect ofbasic procedures, it is still difficult to ensure the administration by law of “There must belaws to go by, the laws must be observed and strictly enforced, and law-breakers must beprosecuted”. Therefore, the theory circle dispute intensively over the existence andabolishment of the letter and call system while the practice circle breaks through theRegulations on Letters and Calls to form the situation of showing their prowess and followingtheir paths, making it inevitable to reform the letter and call system.The author, from the perspective of public law, proceeding with the Regulations onLetters and combining with the letter and call practice work of W city in recent two years,analyzes the problems in the letter and call work, probes into the basic theory for the remedyright of the letters and calls and function position and proposes the conception for the reformon the letters and calls. This paper consists of five parts, in which Part I makes generalintroduction to the letter and call system and discusses the relationship and link between the letter and call system with the administrative review and the administrative lawsuit, brieflyintroducing the concepts of letters and calls and the rights to letters and calls, brieflysummarizing the development evolution of direct appealing system in Chinese history andother means to realize the petition rights, and analyzing the relationship and link between theletter and call system with the administrative review and the administrative lawsuit. Part IItakes the W city’s letter and call practice as the example and analyzes the status quo, theproblems of the letter and call work and the reasons therefor. Part III elaborates the disputesof the theory circle over the reform on the letter and call system. Part IV proposes suggestionsfor the establishment of a plural administrative dispute settlement mechanism as the lettersand calls as the core. Part V is the conclusion.
Keywords/Search Tags:Public Law, Letters and Calls, the Right to Letters and Calls, Systemfor Letters and Calls, Reform on Letters and Calls
PDF Full Text Request
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