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Administrative functions petition questioning

Author: LiYingHu
Tutor: ZhangShuFang
School: East China Normal University
Course: Constitutional and Administrative Law
Keywords: Administrative Petition Administrative Petition function Civil rights
CLC: D632.8
Type: Master's thesis
Year: 2010
Downloads: 184
Quote: 2
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Abstract


Administrative petition both our political system a very unique, but also a legal system. As an institution, the law is bound to give it certain tasks and functions, and provides the appropriate procedures and mechanisms. However, the petition system manifested in the real operation, but is not limited to the functionality of the default content petition law, on the contrary, it also extends the existing disability. Currently, the administrative petition system has become the government interests of citizens or the petitioner expressed or interest demands the institutionalization of effective control devices, to further strengthen the administrative petition system or legalized only strengthened the government more letters and visits of citizens coping mechanisms, And that does not mean the relief and protection of citizens' rights has been further strengthened. This will not only difficult to regulate petition procedures to protect petitioner's rights, and civil rights is likely to be caused by institutional expressed or demands austerity obstacles. Scholars have problems in this area is not only intended to avoid or ignore the problem difficult to solve the petition, but may also affect the protection of the rights of our citizens perfect the mechanism of the process. Therefore, this article will discuss the administrative complaint petition rights function as an entry point to reposition the protection of the rights of the citizens together, that the petition is actually a civil rights and freedom of expression should be a meaningful right of petition, and tried through the administrative complaint A brief review of history and reality of the operation of the current analysis, the idea of ??the petition system factual basis existed to analyze the current petition system under the petitioner's right to property, reposition administrative petition system, and thus the expression of the right of petition of citizens in the system to provide protection in the construction of an alternative direction for the democratic rule of law in our country to provide a new breakthrough. This paper is divided into four parts: the first chapter: History and petition system evolution and defines the concept of administrative petition. 1978 petition before and after work, especially the \Chapter II: Administrative Petition for statutory interpretation. Mainly as administrative petition legal system functions as the default interpretation and analysis; administrative complaint process and the implementation of the statutory functions analytic framework and administrative petition system in the face of the challenges of coping mechanisms performance. Chapter III: Administrative Petition fact functional analysis. Mainly on administrative complaint function in the real operation of the actual performance and extended functionality, as well as administrative petition statutory functions and function is not consistent with the facts cause analysis. Chapter 4: Administrative Petition institutional space capabilities and prospects. Mainly as administrative petition system combing positioning perspective and analysis; administrative petition system starter - Petition understanding and analysis of property rights as well as its functional position in the petition system's status and role, and then re-examine the administrative petition system, the breakthrough Difficulties and administrative petition system expression and the protection of citizens 'rights to construct a benign interaction barriers for citizens' rights to freedom of expression of the institutional building opportunity. In short, this article attempts to administrative petition system's statutory functions and the fact that functional inconsistent or even backscattering angle to elaborate administrative petition system in crisis causes, and through the petition of rights-based analysis to reveal the current administrative petition system is way out in order to administrative petition system can really become a public communication, protection of citizens' rights a legal system.

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CLC: > Political, legal > China's political > State administration > Civil Affairs > Petition work
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