Adminstrative Organs' Justiciability Study On Adminstrative Proceedings Caused By Dealing With Complaints And Reporting

With the awakening of citizen consciousness,complaint reporting has increasingly become an important way for administrative subjects to express their demands.Complaint informants are not few and far between dissatisfied with the administrative agency's handling of complaints,and whether they can bring an administrative lawsuit to the people's court has also become an increasingly important issue in the judicial practice.At present,there is no uniform system design and superior law to guide the reporting of complaints,and the legal framework is fragmented.The practice of whether the complainant can initiate administrative proceedings against the administrative organ for handling complaints and reports is different in practice,but most of them have adopted loose access.However,not all administrative acts can be reviewed by judicial power,and improper access to litigation will inevitably lead to idle running of judicial power and administrative power,resulting in waste of resources.According to several classic administrative litigation cases reported by the Supreme People's Court this year,the Supreme Court adopted the " theory of protection norms" in handling such cases,denying the right of action of informants who only have reflective interests,and requiring complainants to have a clear authorization of substantive legal norms in the prosecution of administrative organs.The author agrees with most of the judgment opinions of the Supreme Court,but still thinks that informants do not absolutely not enjoy the right of action,for example,they can still bring administrative proceedings against the procedural flaws(such as failure to perform the duty of reply)handled by the administrative organs in reporting complaints.In order to maintain the normal order of the litigation and force the administrative organs to improve the complaint reporting system,this paper attempts to decompose the subject and behavior of complaint reporting administrative litigation and explore a relatively scientific judgment rule for handling complaint reporting administrative litigation cases by applying the " protection standard" theory.This paper consists of three parts: introduction,text and conclusion.In the first chapter,the introduction briefly introduces the background and necessity of the litigability review of complaint reporting administrative litigation cases,as well as the intention,research methods and direction of this paper.Chapter two mainly introduces the concepts of complaint reporting and prosecution review by administrative organs,as well as the significance of the study.The third chapter mainly introduces the legislation of our complaint reporting system and the trial practice of first instance.Through the study of 53 first instance judgment documents on complaints and reports of administrative cases,the characteristics of handling such cases in grass-roots judicial practice in China are analyzed.Chapter IV mainly introduces the jurisprudence research of complaint reporting administrative litigation,and compares the differences between the Western Whistler system and the German and Japanese "protection norm theory".Then,through two typical cases,the Supreme People's court's opinion on this kind of case is analyzed.The fifth chapter mainly explores the determination of the rules of the administrative litigation suability review judgment for complaint reporting.Through the classification of the informant and the main body of the complaint,the typification of procedural response and substantive treatment,three rules of judgment are explored and determined.Chapter Six discusses three kinds of special situations in administrative complaint reporting,namely,professional counterfeiting,rewarding reporting and petition handling.The seventh chapter,the conclusion part,from the perspective of "protection norm theory",summarizes the rules of judgment for complaint reporting administrative litigation cases.