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The Present Situation of Petition System and Consummation under the Law Rule

Author: WeiLiLi
Tutor: PanHongXiang
School: Central South University for Nationalities
Course: Constitutional and Administrative Law
Keywords: petition petition system rational analysis petition system with the rule of law
CLC: D632.8
Type: Master's thesis
Year: 2010
Downloads: 240
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Abstract


In recent years, we can often see in various media such picture: people with the reality of discontent and upper power of hope, through the telephone, letters and visits, afraid to step by step to seek and risk from the top of the authority and possible slim and help. So, when people’s rights and interests are infringed upon, will often get relief in the hopes of the complaint, the complaint and has become a way of life in an important life-saving straw, is a very close to the people living in a right way to resolve the disputes and expression. Complaint is so important in reality, I choose to focus on the complaint and institutional the primary reason.In this paper, the author of the first chapter of general investigation complaint system, including the complaint and complaint system concept, properties, characteristics and the historical host is expounded. The connotation of complaint and institutional topic is the logical starting point. The complaint concepts have broad and narrow, the author tended to narrow the complaint, the complaint, means that citizens, legal persons and other organizations to adopt visit or letters, electronic communication, to the people’s governments at various levels and the departments of people’s governments at or above the county level shall work, or to reflect the interests of state organs and their staff comments, Suggestions and criticisms, or by the relevant departments shall, in accordance with the complaints of problem solving. At the same time, according to the definition of complaint, think the complaint is the system of state organs at all levels of the complaint reporting handling office setting and full-time staff, according to "complaint for convenience for grading, the principle of" people’s letter, visiting, call a basic system. The complaint system in China is analyzed the rationality of the existence of the core issues of complaint system, which is embodied in this chapter. Through the analysis, first of all, we can see the complaint reporting system in our country, under the background of rule of law, on the one hand, it has the advantage of other irreplaceable system, on the other hand also depends on the deep reason of society exists. In addition, the complaint reporting system in practice still plays an irreplaceable dispute resolution mechanism of function. However, any system operation inevitably will encounter some difficulties. Without exception, the complaint reporting system in operation in a dilemma. To get rid of the problem, we should take appropriate measures to perfect institutional system. Therefore, in the third chapter, the author in the foreign similar experience some suggestion on how to improve our letters, and puts forward some specific system.This innovation lies in the first chapter of the complaint, in part, on the overview system on the generalization of institutional features from the complaint reporting system, characteristics and functional features two aspects to categorize explains the characteristics and institutional from theoretical and practical to better understand the complaint reporting system in China. In the second chapter, philosophical theory as guidance, combining the internal and external to the complaint under the background of Chinese legal system in the rationality of the existence of analysis. In the third chapter, I come from the Angle of this multidimensional and the present situation of Chinese institutional improvement. Especially "will supervision by public opinion and combination" and "complaint reporting handling complaint reporting system and administrative review, administrative litigation is the author of cohesion in the development of democratic supervision forms and features of right remedy way forward some personal opinions. Deficiencies in content, in turn, is mainly for scholars of previous studies, to explore the theory basis for the existing system of complaint to the complaint and collation, lack of field investigation complaint activities, lack of certain cases and real data.

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