Practical Research On Reinspection And Reexamining System For Administrative Appeal

Petition activities is a unique design of China's democratic politics,and the Party Central Committee,the State Council has always attached great importance to the petition,and always put the party's mass work as an important part of building a socialist harmonious society's basic work.The party's eighteen report clearly put forward,"the correct handling of contradictions among the people,establish and improve the party and government led mechanism to safeguard the interests of the masses,improve the system of letters and visits,improve the people's mediation,administrative mediation,judicial mediation linkage of the work system,and regulate the public demands of the interests of coordination,the interests of the channel." However,there are various problems in China's current petition work,outstanding performance in the field of a complaint reporting matter review in the reasonable demands of the masses not seasonable and effective,review end exit mechanism is not clear to the petitioner around downtown to visit,resulting in "petition peak".This paper first clearly defines the concept of Administrative letters and visits,and introduces the concept,connotation and working process of the system of administrative review.In 2005,the State Council "letters and visits" established a review of the system,the purpose is to regulate all levels of administrative organs according to the law to do the work of the petition,and to achieve the purpose of safeguarding the legal rights and interests of the people,the spirit of governance and legal system to guide the work of the rule of law.Practice has proved the responsibility to strengthen the duty of the unit,and it is true that some of the practical issues are timely and properly handled.In order to solve the phenomenon of revisits,and standardize the order of the letters and visits,from the beginning of 2005,a city of Jiangsu Province began to implement the recheck of petition system in the city,through many years of operation,the effect is very obvious.The system of reinvestigating and reexamining system for administrative appealing has played a great role in improving,perfecting the procedure,protecting the interests of the people,reducing the stock of the letters and visits,and preventing the abuse of the right and so on.However,because the past several years of the formation of the old petition work mechanism and work mode did not change with the implementation of "administrative appeal rules",the reinvestigating and reexamining system is not scientific,imperfect and unreasonable,and needs to improve.In this paper,we adopt the method of normative analysis and empirical analysis.Through the standard analysis method,the paper clarifies the development of the petition in the A city of Jiangsu province.According to the advantages and disadvantages of the current system of letters and visits,and the review of the work carried out by A,this paper argues that the system of petitions has the significance of four aspects such as strengthen the petition,strengthen the problem solving,strengthen the petition step by step,strengthen the responsibility to implement.At the same time,there are also problems such as the setting up of the review mechanism,the low level,the confusion of the working mechanism.At the same time,this paper also makes a deep thinking on how to promote the system of petition,and should promote the development of the system through a clear letter review mechanism and functions of the system,the establishment of a high quality of the letters and visits review.