Compatibility Of Administrative Reconsideration And Letters And Visits

The petition system was not initially established for right relief,but for power supervision,political participation and contact with the masses.However,various factors that appeared in the course of practice made the petition system have the function of rights relief.Therefore,in terms of the administrative relief system,the administrative reconsideration system and petition system are its constituent elements.That is to say,this article discusses the compatibility of administrative reconsideration and petition within the administrative relief system,and only addresses the functions of petition in administrative relief.With the development of society and the process of legal system construction,the trend of legal localization has been promoted,and it is more cautious about the transplantation of Western laws.At the same time,we must re-examine the laws that have already been transplanted,and the requirements for coordination and coordination among legal systems and within the system are higher.Therefore,the integration of existing legal systems is imperative.Since the initial establishment of the administrative relief system,it has not reached the legislative expectation in solving administrative disputes and relieving the legitimate rights and interests of relatives.The function of the administrative relief system has not been fully realized.The reason is that the administrative reconsideration,petition and other elements are not fully coordinated.In this case,the paper discusses the compatibility of administrative relief system and the compatibility problems are analyzed from three aspects: the legal system,the legal concept and the legal subject,which make up the legal culture.At the same time,the composition system of administrative relief system belongs to the system to solve social disputes.In Tanase Takashio's research on dispute resolution mechanism,administrative reconsideration and petition can coexist and cooperate with each other theoretically.Finally,according to the system theory,the full utilization of system functions requires that the constituent elements reach a “functional coupling” structure.Under this state,administrative reconsideration and petitions can independently perform their functions while also coordinating with each other to coordinate administrative relief.This article mainly discusses from four aspects: the first part is the transformation of the angle of view.This part mainly discusses the topic key words-compatibility,that is,what is compatible and why it is compatible.First,the source of the compatibility theory is clearly defined.It is a refinement after analyzing the overall theory and its utility,and the importance of putting forward the compatibility theory.Second,taking administrative reconsideration and petition in administrative relief system as an example,among which analysis and discussion are only part of compatibility.Compatibility is the key to holistic design and the key to top level design of administrative remedy system.Then it analyzes the circumstances and circumstances in which the compatibility issues are discussed,and the scope of the subject is clearly defined.The second part is to discuss the actual incompatibility between the administrative reconsideration and petition,mainly from three aspects of the legal system,the legal concept and the legal subject.First of all,the institutional level is mainly about the imperfect formulation of the legal provisions,and the lack of corresponding coordination provisions,making the administrative reconsideration and petition mixed up when they coordinate with each other.The second is the legal body,because the formulation,implementation and guarantee of any system are inseparable from the practice of human beings,and the related factors have an impact on every link and the impact on the legal system can not be ignored.Therefore,the legal subject in the process of law implementation is analyzed to clarify the incompatibility between the administrative reconsideration and the petition system.First,from the angle of the administrative subject,the first principle of the administrative law is the legal administration.Therefore,it is a premise to have laws to follow.Without relevant legal basis,administrative subjects should enhance their arbitrariness when dealing with related administrative disputes,and the way of handling can not be unified,which is not in conformity with the requirements of the rule of law society.What's more,from the perspective of the relative person,because of the deep influence of the traditional legal culture,the traditional concept of law is still in the leading position,that is,the legal subject is the traditional legal subject,and there is a gap between the legal system and the modern legal system,which affects the function of the modern legal system.Finally,the concept of law is concerned.At present,though the institutional legal culture has been developing rapidly in China,the development of legal culture at the conceptual level is lagging behind.The huge gap between the two kinds of legal cultural elements affects the function of the legal system and hinders the process of the localization of the law.The third part is the analysis and argumentation of the basis for administrative reconsideration and compatability of petition,that is,anaysis of the feasibility of administrative reconsideration and compatability of petition,including the coexistence of the identity of evolutionary dynamics and the choice of solutions.Evolutionary dynamics refers to the process of changing the legal value from the supposed state to the actual state.Since most of China's legal systems originate from the West,it does not adequately consider the legal value attributes of social needs at the time of its formulation,and thus makes the two phases of legal value dynamic process(value-legalization and legal-valued)disorganized.But the administrative reconsideration system and petition system are the elements of the administrative relief system.They have identity in the value function of the law and law.This identity is one of the two systems compatible basis.In addition,according to the Japanese scholar Tanase Takashio on the classification of types of dispute resolution,it can be seen that the petition system and the administrative reconsideration system coexist in the selection of the dissolution model.This coexistence is not only reflected in the composition of the administrative relief system,but also in the choices of two systems themselves.Therefore,the petition and the administrative reconsideration are compatible in both the evolution power and the mode choice,and the basis of the administrative reconsideration and the compatibility of petition.The fourth part is to put forward the solution.This paper analyzes the compatibility of administrative reconsideration and petition in the administrative relief system.Therefore,the full implementation of administrative reconsideration and petition functions needs to meet the "functional coupling" structure of system theory between legal system,legal concept and legal subjects.On this basis,the administrative reconsideration and petition can fully exert their functions on the basis of existing coexistence at the initial stage of “demarcation and delimitation of borders”.At the same time,they can cooperate with each other in administrative relief rather than the current contradictions and even mutually exclusive situations.