A Study On Administrative Complaints System: From The Perspective Of Politics, Law And Management

This article is based on the administrative counterpart complaints system implemented by a number of local government, trying to answer questions at three levels:the theoretical foundation of the administrative counterpart complaints system (the question of why); core functions of administrative complaints system (the question of what to do); the effective operational of administrative complaint system (the question of how). The author learn the analysis framework of value of public administration David H. Rosenbloom, make a indicative analysis of the construction and run of the internal administrative counterpart complaints system from the perspective of political, legal and administrative management.The political perspective,it treats of that the administrative counterpart complaints system reflect the political accountability, responsiveness and representation in what aspects, by which modes and ways. The administrative counterpart complaints system is a response to the expression of diverse interest demands of citizens; it makes up for the absence and blur of the citizens of the current administrative supervision system. One of the values orientation of the administrative counterpart complaints system is to protect that the public servants responsible for the administrative act, the administrative body responsible for the administrative counterpart, it embodies the concept of responsible government. The administrative counterpart complaints system as a arrangement of system of administrative accountability, is a kind of "Daily system" of normative administrative accountability. On the subject of administrative accountability, achieve the development from "equivalent accountability" to "Allogeneic Accountability"; on the mode of administrative accountability, achieve the transformation from " abstract " to "operational"; on the behavior of administrative accountability achieve the deepening from "unnormalization" to "normalization ". Another values orientation consist in to achieve two commissions of bureaucrats responsibility (responsibility of hierarchy commission and responsibility of civic commission), and build a absorptive system of responsibility control of administrative bureaucracy. Namely:through this system of complaint, it’s possible de absorb the appraisal and supervision of citizens in the control process of the responsibility of administrative bureaucracy.The legal perspective, it treats of how and how much the value and spirit of the law exists in the system design and operation of the administrative complaint. Because of the existence of administrative discretion, result in the issue of administrative rationality. Administration according to law not only requires the administrative body strict compliance with laws and regulations in the exercise of administrative powers, the more important is to comply with the principle of rationality. The Administrative complaints system is based on the principle of administrative rationality, is a effective regulation of administrative discretion. Therefore, the administrative complaints system has two core functions. First, through the exercise of the rights of the administrative counterpart, play an active role of checks and balances for the administrative body, namely, the rights of the individual complaints has a direct and effective impact on executive power, specifically in:the right of complainant is a right to seek relief; is a kind of dynamic democratic right: through this right to maintain the participation of the daily life of the country; the right of complaints from the perspective of results has a dual nature:both the direct implementation of relief to private equity, and the indirect realization of the supervision and control of administrative body; and to promote to form a positive interactive relationship between the administrative counterpart and the administrative subject. Second, to form an effective constraint for improper administrative behavior rather than illegal administrative acts. In the aspect of check and supervision of improper administrative behavior, the comparative disadvantage of the petition system is the broad acceptance and the inefficient to deal with problems; the comparative disadvantage of the administrative reexamination is the limited scope of relief relative to the administrative counterpart Complaints system.The management perspective, it treats of why and how to put the consumer complaint system of market in the field of public administration; the structure, function, and their relationship of the fundamental factors of the administrative counterpart complaints system, as well as the action process, action principle and the operation mode of the impacts and functions of these fundamental factors. Construction of administrative counterpart complaints system is the "customer oriented " of the field of public administration. The key factors affecting the efficient operation of the the administrative counterpart Complaints system is:the management system of the cycle of the administrative complaint and the management system of complaint information. The former include:basic principles of the handling of the administrative complaints, the settings and authority of the agency of administrative complaint, the procedures and processes of handling of the administrative complaints. The latter is mainly related to the meanings,criticals,ways and means of the management of the administrative complaint information. To be good at capturing valuable information and finding the common problems from the individual cases of complaints, and to take the effective action promptly. The key of the management of complaint information is to solve the problem of unknown entering of complaint information, to enhance the degree of openness and sharing of the complaint information.In the process of building and running of the internal administrative counterpart complaints system, there are the following limitations:a little deviation of value direction, it should become an important field of expressing interest demands of citizens and protecting the legitimate interest of citizens form a means of optimizing the environment of economic development and improving the work style of government. Consider becoming part of the institutional framework under the National People’s Congress as a result of lack of institutional independence and authority of the agency of administrative complaint. Core function is not clear, for example, Shandong Province, the administrative counterpart complaints system restrict both the improper administrative behavior and the illegal administrative acts,exceeds the authority of the judiciary. Operating system is not optimal, such as the existence of "gray zone" of the handling of complaints of complex issues. By drawing the ombudsman of Hong Kong and other similar systems that have been implemented overseas for many years,is more mature and well-effectiveness, this article presents a number of recommendations to improve.