The Research Of The Justiciability Of Letters And Visits Processing Behavior

The second paragraph(ix)of article I of the Supreme People's Court on the application<Administrative Procedure Law of the People>of interpretation provides that "the registration,acceptance,assignment,transfer,review and review of opinions made by administrative organs in respect of letters and visits shall not fall within the scope of administrative proceedings of the People's Courts",and the processing behavior of letters and visits shall set out the scope of administrative litigation.However,is the processing behavior of letters and visits all non-actionable?What are the criteria for judging its justiciability?Taking the second paragraph(ix)of article I of the applicable interpretation as the starting point,taking the nature of the processing behavior of letters and visits in each link as the direction of inquiry,combined with the case of court decisions,from paper interprets whether the handling of letters and visits has a practical impact on the administrative counterpart,and determines whether the acts of the relevant organs dealing with and making decisions on the matter of letters and visits are within the scope of justiciability.In my paper,the first chapter of this paper is to introduce the question,briefly introduces the discovery of the problem and the research methods.The second chapter is to divide the processing behavior of letters and visits,interpret the meaning of letters and visits processing,distinguish between procedural petition processing and substantive petition processing,and letters and visits processing inaction,briefly sort out the types of letters and visits processing behavior.The third chapter begins with the analysis of the judgment standards of the justiciability of administrative acts,interprets the "actual influence" in the processing behavior of letters and visits,and puts forward the principle that the processing behavior of letters and visits should be based on substantive rights relief.The fourth chapter classifies the handling of letters and visits matters according to the regulations of letters and visits,and discusses whether the handling behavior of each letters and visits has a practical influence on the rights and obligations of administrative counterpart in the aspects of receiving,handling and supervising the letters and visits matters,and whether the handling behavior of letters and visits in each link is actionable.The fifth chapter is is the conclusion,which makes a brief summary of the full text.