On The Legal Issues Of Administrative Law Enforcement Complaints Acceptance

In the context of comprehensively promoting the rule of law,the relief of legitimate rights and interests infringed by administrative law enforcement acts is a requirement to adhere to strictly regulated law enforcement,to further promote law-based administration and to speed up the construction of a law-based government.In view of the shortcomings of administrative litigation and administrative reconsideration,such as insufficient acceptance scope and long processing period,the administrative law enforcement complaint relief mechanism for administrative law enforcement personnel or administrative organs to complain to relevant departments has become a hot and difficult issue,and administrative law enforcement complaints are becoming a An important way for more and more people to safeguard their legitimate rights and to supervise administrative organs.The acceptance of administrative law enforcement complaints refers to the sum total of various activities of the administrative organs to accept the complaints that the applicant meets the requirements for acceptance.At present,there are some deficiencies in the acceptance of administrative law enforcement complaints in three aspects: the subject of the complaint,the scope of acceptance and the notification of acceptance.First of all,as far as the subject of the complaint is concerned,on the one hand,it is not clear whether the subject of the application needs to be limited to a specific group whose legitimate rights and interests have been infringed.Secondly,in terms of the acceptance scope,the legislative models and classification standards for the acceptance of administrative law enforcement complaints are different,and some administrative law enforcement actions have not been included in the acceptance scope,resulting in a too narrow acceptance of administrative law enforcement complaints.Finally,administrative law enforcement complaint acceptance notification refers to the behavior of the administrative organ to inform the applicant of the complaint acceptance process and decision.It has problems such as unclear notification obligations,incomplete notification content,and lack of stipulations on the notification period.In order to ensure the standardized operation of the administrative law enforcement complaint acceptance work,the applicants for administrative law enforcement complaints should be clearly defined,limited to specific groups whose legitimate rights and interests have been infringed,and their independence should be strengthened while unifying the accepting bodies.In addition,the legislative model and classification standard of the scope of acceptance should be unified,the scientificity and rationality of the provisions on the scope of acceptance should be improved,the scope of acceptance of administrative law enforcement complaints should be expanded,and more effective remedies should be provided for the legitimate rights and interests infringed by more administrative law enforcement acts.Finally,improve the notification acceptance system by clarifying the notification obligation,standardizing the notification content and specifying the notification period.