Study On The Operation Of Administrative Organs To Distribute And Handle Letters And Calls Appeal System According To Law

Since the "Decision" of the Third Plenary Session of the 18 th CPC Central Committee clearly put forward the "reform and petition work system,the implementation of the online acceptance of letters and visits system,and the timely and on-the-spot solution to the masses' reasonable appeal mechanism",the petition system with Chinese characteristics has ushered in a series of Major reform initiatives,such as deepening online letters and visits,advancing visits by leading cadres,and strengthening and standardizing joint visits.The direction and focus of the reform is undoubtedly the goal of “Sunshine Letters and Visits,Rule of Law Letters and Visits,Responsible Letters and Calls” proposed by the National Bureau of Letters and Calls.The classification and processing of petition complaints and appeals system is one of the more important and "eye-catching" measures in this drastic reform.It is further subdivided on the basis of "separation of appeals and interviews",and the petition procedures and administrative procedures are separated.Come,all the matters are required to be resolved within the channels prescribed by law,and the dilemma of“small horse-drawn carts”and“big bags”that have been faced by letters and visits has been solved.According to the law,the system of petition appeals has a strong theoretical andpractical significance in the system design and expected goals.Since the operation for a period of time,the legal classification system has promoted the administrative organs to perform their statutory functions and powers,clarifying the legal authority boundary of the petition department and improving The contradiction solves the efficiency.At the same time,there are also some problems.For example,some appeals that should be resolved through statutory channels are not timely diverted.Some appeals that should be resolved through letters and visits are subject to classification.Some appeals that have been diverted to legal channels have not been validated by the administrative authority.The solution,as well as the imperfect supervision mechanism of the legal classification and treatment system,and the limited effectiveness of supervision,make it difficult to achieve the expected objectives according to the legal classification and treatment system.In this regard,according to the practice situation in the J district,the author sorts out the reasons for the problems: On the legislative level,some of the provisions of the “ Classification of Legal Complaints and Petitions Work Procedures Rules ”,which are mainly based on the classification and processing work according to law,lack practical operation,such as The follow-up supervision provisions for the classification and processing work according to law shall be examined by the petition work agency as the main body of supervision,and the effectiveness of the classification and processing of the administrative organs at the same level and lower levels shall be supervised.The petition work organization inadvertently has both “referees” and “athletes”.It is not conducive to the promotion of work.In addition,the current system lacks the refinement of self-examination and self-correction of the internal classification and handling of administrative agencies.The petition department within the administrative agency transfers the classified complaints to the relevant business departments,if the business department is guaranteed to comply with the prescribed time limit.Handling,this point deserves further in-depth refinement at the legislative level.From the administrative level,the administrative organ,as the first subject of the classification and processing work according to the law,has some problems thataffect the normal development of the classification process.If the administrative agency's concept of the rule of law is not strong,individual administrative agencies believe that the specific administrative procedures have higher legal procedures.Once there is a deviation in procedures or entities,they will face a higher risk of litigation.In contrast,it is easier to respond to letters and visits.In this case,the administrative agency is more willing to respond to the administrative performance of duties by replying to the complaint.In addition,problems such as unsatisfactory cooperation between the internal petition department and the business department of the administrative organ and insufficient work force have affected the effectiveness of the classification and processing work according to law.From a social perspective,at present,the public has over-interpreted the functions of letters and visits,and continuously expanded the rights and relief functions of letters and visits,and used letters and visits as a way to resolve disputes and provide relief.For the statutory relief channels,some people are reluctant to take legal measures to protect their own rights and interests due to various factors such as economy and time.Some of the masses are misunderstood by "committed letters and visits do not believe in the law","big troubles,small troubles" The impact of the transition to the rule of law thinking is difficult to achieve in the short term.Through the analysis of the causes of the problem,the author proposes to improve from three aspects: legislation,administration,and society.In terms of legislation,it is recommended to add supervisory bodies,introduce discipline inspection and supervision departments,and the judiciary to participate in the supervision of the classification and treatment of statutory channels.Carry out the situation of joint supervision and improve the credibility of the supervision work.In the process of introducing the discipline inspection and supervision department to participate in the supervision,the discipline inspection and supervision department directly pursues the investigation of the discovered administrative organs and their staff members' deliberate inaction and chaos.On the administrative side,it is recommended to improve the classification and processing workflow according to law,and establish a classification and validation working group.The members of thegroup are composed of the heads of the business departments of the administrative organs,the person in charge of the petition department,legal counsel and lawyers,and the letters and visits received by the petition department of the administrative organ.Matters,except for matters of opinion and recommendation,are reviewed by the classification and validation team,and the ways of handling are clearly identified and reported to the person in charge of the administrative organ for review and finalization of the classification process.On the other hand,in order to further improve the effectiveness of legal classification processing,a smart inventory database can be established.By inputting keywords in the database or retrieving past classification processing cases,the legal channels for determining the request for complaints should be assisted to improve the classification work degree.On the social front,we should further strengthen the propaganda of the typical cases of legal classification and the concept of the rule of law,and fundamentally guide the masses to reflect their own demands in accordance with legal channels.Classifying and handling the petition system according to law is the key to the reform of the petition system and the core of the legalization of petitions.Based on the practice,this paper analyzes in depth and proposes countermeasures,in order to better play the role of the legal classification system and promote the work of letters and visits.The effectiveness of the system reform has helped to achieve the new business model of “rule of law and letters”.