The Legal Status Of The Administrative Complaint System And Its Construction

Administration Complaint system is a system that when the administrative relative persons think the administrative action mainly the improperly action of the state administrative organs,quasi-public power organizations and their staff infringe upon their legitimate rights and interests, they complain to a specific organs to gain remedy. Administration Complaint system comes along with the trend of the administrative remedy way diversified when executive power continuously expands. Since 1809 Sweden appointed the first Ombudsman to deal with the citizens complaints, because of its prompt remedy to the administrative relative persons and effective supervision to the executive organ, Administration Complaint system is established in many countries .The 41st Article of China Constitution has clearly stipulated citizen's right to complain .But there is no a specialized law on Administration Complaint, only in a few single laws has stipulated civil servants, teachers and other special groups'right to complain. Legislation's missing , leading to the concept of Administrative Complaint fuzzy and confusing, whether the system is one kind of independent administrative remedy system causes the dispute, many scholars thought that the Administration Complaint system is just the Administrative Reconsideration,Petition system; In practice ,except civil servants,teachers , other ordinary citizens'right of complaint is missing. Moreover the procedures of Administration Complaint are imperfect, and can't be operated well. All of these cause the right to complain which Constitution stipulated is not fully implemented, so the study on Administration Complaint is urgent and necessary. Under this situation, the author summarize the foreign relevant theoretic achievement and practical experience, from administrative remedy point of view, reconfirm the legal position of Administration Complaint system, afterwards suggests the ideal construction of the Administration Complaint system.The article divides into five chapters .ChapterⅠmainly introduces the research contents and methods. ChapterⅡfirst defines the concept and classification of the Administrative Complaint, then after analyze and synthesize the academic concept of Administrative Complaints, redefine the concept of Administrative Complaint, makes foundation for the next content. ChapterⅢcompares the Administrative Complaint system in the United Kingdom, France, New Zealand, especially in Hong Kong, sums up the similarities and differences in these countries and regions, in order to provides a realistic experience to construct China's Administrative Complaint system. Chapter IV first generalizes the regulations in our country's law, sums up that Administrative Complaint system isn't existed in our country, compares it with other administrative remedy system, then from the cost- benefit analysis and theoretic, practical foundation, reconfirm the legal position of Administration Complaint system, thinks it a independent administrative remedy system, has the feasibility and necessity of existence in our country. Chapter V is the focus of this article. After reconfirm the legal position of Administration Complaint system, discusses the mode selection and basic principles of Administration Complaint system, gives the suggestions about how to construct Administration Complaint system, hopes the article can provide theoretic support to legislative practice, and instructs our country's Administrative Complaint system practice.