A Preliminary Study On The Hearing System Of Letters And Visits In My Country

In 1990 s,with the development of hearing system in China,hearing was introduced into petition work.In 2005,the State Council revised and promulgated the "petition regulations" to clarify the petition hearing system,and then the provinces and cities in the country successively issued the petition hearing(Provisional)methods,and the petition hearing system has been greatly developed.In recent years,with the deepening of reform and opening up,the continuous development of social economy and network technology,China's petition situation has the characteristics of larger scale,more flexible form and stronger antagonism.The handling of petition matters is more and more difficult,and the standardization and legalization of petition work are more and more demanding.As one of the important procedures of the modern legal system,the hearing system has a growing application demand in petition work.However,although the petition hearing has experienced more than 20 years of development,it still faces problems such as less application,difficult to start,and lack of authority.This paper focuses on the theoretical basis,development process,existing problems and improvement path of the petition hearing system in China,and briefly introduces the petition system in foreign countries,which is divided into five chapters.The first chapter explains the basic theory of petition hearing.This chapter starts from the review of the development of the petition hearing system in China,discusses the concept and classification of the petition hearing,and points out that the petition hearing has practical significance in promoting the legalization of petition work,promoting the standardization of petition decision-making,supervision,guidance and education.The second chapter analyzes the basic principles of petition hearing.This chapter mainly refers to the theory of administrative law and puts forward the legal basis of the petition hearing,namely the principles of justice,openness and efficiency,due process and power restriction.It points out that the petition hearing should follow the above principles to scientifically design the hearing procedure,fully protect the rights of the parties,and play the practical role of the petition hearing.The third chapter briefly introduces the petition system of foreign countries,and analyzes the reference significance of the petition system and the petition system.This chapter starts from the petition system of foreign countries,and describes the characteristics of the petition system of Britain,Germany and Russia.The nature,value and function of petition system in foreign countries are similar to that in our country.Its outstanding social public welfare and political participation are worth strengthening,and its relatively perfect legal system is worth learningfrom.The fourth chapter focuses on the problems of the petition hearing system in China.This chapter mainly analyzes the problems of the petition hearing system in China from two aspects:the system itself and the application of the petition hearing system.There are some problems in our country's petition hearing system,such as the poor unity of petition hearing laws and regulations,the incompleteness of petition hearing procedure design,and the inefficiency of petition hearing conclusion.In the application of our country's petition hearing system,there are some problems,such as the low understanding of the importance of petition hearing,the insufficient number of petition hearing,the low quality of petition hearing,and the professional nature of petition hearing personnel Strong and weak supervision and protection of petition hearing.The fifth chapter mainly discusses the countermeasures and suggestions to improve the petition hearing system in China.Combined with the current good practices in various provinces and cities,this paper mainly discusses from three aspects: strengthening the legislative regulation,professional construction of hearing team and law enforcement supervision and guarantee,and puts forward that we should improve the legislative level,clarify and appropriately expand the starting conditions,improve the program design,clarify the legal effect of hearing conclusion,standardize the selection and management of hearing host and hearing staff,and clarify the legal responsibility We will improve the system of letters and visits hearing in terms of appointment,strengthening work connection and optimizing supporting measures.