A Study On The Legalization Of Law-related And Appeal-related Letters And Visits In China

Lots of social contradictions and disputes happen in current society,and the law-related and appeal-related letters and visits becomes the realistic choice of the common people to solve the contradictions mentioned above.However,because the law-related and appeal-related letters and visits are expanded or alienated in the practice,the law-related and appeal-related letters and visits is increasingly spread and so the administrative measures become the first choice of letters and visits officers to solve the law-related and appeal-related letters and visits that would have been involved into law government.This thesis believes that it is necessary and feasible to apply the legalization to solve the problems existing in the law-related and appeal-related letters and visits including confusion of appeal and visit,multifarious and disordered letters and visits departments,unclear letters and visits procedures and difficulty in termination of letters and visits through establishing accurate legal proceedings and carrying out the reliable legal mechanism.Based on the actual conditions of the law-related and appeal-related letters and visits of current stage before the issuing of the letters and visits law,this thesis argues the necessity,the main obstacles and the specific suggestions of the legalization of the law-related and appeal-related letters and visits from the following three aspects.The first part is the progress and current condition of China's institution of the law-related and appeal-related letters and visits.Through analyzing the the concept and features of law-related and appeal-related letters and visits and that of legalization,this thesis compares the law-related and appeal-related letters and visits and the common administrative letters and visits from the aspects of their own natures,jurisdiction range,and the procedures,and purify the law properties in the law-related and appeal-related letters and visits.Through reviewing the development progress before and after the 1949 and the current conditions of the law-related and appeal-related letters and visits,this thesis aims to find the significance of its existence and the reform requirements,reorganizes the developments routes of the law-related and appeal-related letters and visits in China,and then finds the problems existing in the aspects of quantities,demands,and forms of the law-related and appeal-related letters and visits currently,thus to prepare for the problem analysis and solutions in in following texts.The second part is the analysis of the factors preventing the legalization of the law-related and appeal-related letters and visits from three aspects: concepts,laws,and institutions.First,based on real cases,this thesis explains the phenomena of going to Beijing and require for justice,purchasing safety by money,creating a larger disturbance and obtaining more,etc.,to analyze some obstacles of citizens and governments on the concept of the law-related and appeal-related letters and visits.Second,this thesis analyzes the law obstacles in the legalization of the law-related and appeal-related letters and visits.To begin with,China is short of reliable laws and regulations;next,the current regulations and documents are not authoritative enough so that the handling of letters and visits in China,especially the law-related and appeal-related letters and visits lacks basis and authority.Third,in the view of institutions,this thesis finds that various institution exists in current letters and visits mechanism,and each level and each department have set the letters and visits management organization.Although it seems that it is convenient for citizens to express their requirements and to solve the problems,each department shifts the responsibilities to others and never cares other departments,and departments are difficult to coordinate.Additionally,there is no strict program specification or standard for the management of the law-related and appeal-related letters and visits and also no responsibility tracing for the unfinished cases.During the process of case management,human factors have too much influence,and “use visit to control the law” is easy to happen.The third part is to learn the experience to perfect the legalization of the law-related and appeal-related letters and visits in China through analyzing the similar process of the legalization of the law-related and appeal-related letters and visits in overseas countries and districts.Start with accelerating the legislation and improving support mechanism,this thesis raises some specific suggestions for China's legalization of the law-related and appeal-related letters and visits.The legislation of letters and visits is the key link of the legalization of the law-related and appeal-related letters and visits,and this thesis' s writing purpose is to accelerate the issue of Letters and visits Law of People's Republic of China.Through establishing and perfecting the legal termination system and the accountability system of the law-related and appeal-related letters and visits,the realistic requirements to introduce the law-related and appeal-related letters and visits into the law government will be realized.At the same time with the acceleration of the legalization of the law-related and appeal-related letters and visits,the perfect supporting system of the legalization of the law-related and appeal-related letters and visits should be established,such as,NPC's inspector system,work joint system of the legalization of the law-related and appeal-related letters and visits,etc.Finally,it should be realized that there is laws for citizens' letters and visits to conform to and for letters and visits department to strictly observe to,and a social management system that manage both the symptoms and the roots should be formed.