The Admissibility Of The Administrative Agency's Response To The Report

At present,with the continuous improvement of citizens' awareness of the rule of law,in the face of existing illegal situations,citizens choose to report to the administrative organs,provide illegal clues,and interact with the administrative organs,in order to obtain the reply of the administrative organs and the handling of related illegal acts.However,when the whistleblower's rights and interests are damaged due to improper response by the administrative organ,it is necessary to determine whether the replies are suffrable.At present,both the theory and the practice are controversial about the suitability of the replies to the report,and there are two types of replies to the same type of replies,and there is also a lack of uniformity for reporting the evasiveness of replies.The investigation of the suability is necessary.The premise of investigating and responding to the actionable nature of the report should be aware of the nature of the report and the nature of the report,and the report is an act of providing the administrative agency with illegal clues.The right to report is a political right,including the right to know and supervise.Reporting the reporter can get the response of the administrative agency is one of the effects of the reporting behavior,and the verifiability of the reply behavior can be judged by whether the right enjoyed by the reporter is affected.The nature of the replies to the replies shall be determined by the procedural replies and the replies of the entity.The procedural replies shall be deemed as administrative actions.If the replies,overdue replies or omissions are answered,the administrative agency fails to follow the legal procedures and methods.Performing statutory duties,these are all types of replies that can be sued,and the whistleblower's rights and interests may be prosecuted if the rights of the whistleblower are infringed;however,if the refusal action included in the entity's handling and the replies to the reported matter are being prosecuted,The severity of the treatment results does not affect the rights and interests of the informant.The reporter is not the administrative counterpart of the outcome.Therefore,the response to the report is an administrative factual act.Such a response is a non-actionable response type.After sorting out the types of responses according to the procedures for filing,investigating and handling,combined with the factors considered by the court in determining the suitability,the general criteria for judging the suitability of the replies are abstracted,that is,the standards and rights and obligations of performing statutory duties.Actual impact criteria.Specifically,it is appealable when the administrative organ is required to perform the responsibilities in the sense of the procedure,and it is not appealable when the administrative agency is properly handled.At the same time,after clarifying the specific connotation of the actual impact clause,the scope of the rights affected is extended to the procedural rights of the whistleblower,and if the reply behavior affects the procedural nature of the whistleblower,it is suable.Therefore,only by accurately locating reports and reporting replies and other relevant factors can we provide a clear path for analysing the justiciability,so that the administrative organs can perform their duties correctly,and the whistleblower's rights and interests are the starting point and the foothold.