| As a unique system of our country,system of letters and visits plays an important role in the realization of right relief and dispute resolution,democratic supervision and people’s appeal expression.Up to now,Letters and Visits has gradually become a normal way for citizens,legal persons or other organizations to safeguard their legitimate rights and interests.But,on one hand,the expansion of the functional attribute of letters and visits’ right relief impacts the operation of judicial relief right in our country;On the other hand,the abuse of letters and visits’ behavior has caused the infringement of the legitimate rights and interests of the petitioners.Therefore,it is necessary to discuss the construction and perfection of judicial review system for handling letters and visits,and review and correct improper handling of letters and visits through legal remedies.In our current judicial practice,there are some disputes on the identification of the nature of letters and visits’ behavior and the scope,standard,intensity and content of judicial review,which means that these issues still have great research space and value.This paper is a study on the judicial review of letters and visits’ handling behavior.To study the judicial review system of letters and visits’ handling behavior,first of all,we should take the identification of the nature of letters and visits’ handling as the research basis and clarify the key context of letters and visits’ handling behavior.On the one hand,combined with court cases,the scope of accepting cases of judicial review of letters and visits’ handling behavior is interpreted from individual cases and the boundary of judicial review is explored;On the other hand,based on the judicial review standards of administrative litigation and combined with the characteristics of letters and visits’ handling behavior,the judicial review standards of petition handling behavior are clearly defined.The first chapter of this paper,guided by the typical cases of letters and visits’ handling behavior,briefly introduces the outstanding and realistic problems in the current judicial practice and administrative practice of letters and visits’ handling behavior cases.The second chapter studies the basic theoretical issues of judicial review of letters and visits’ handling behavior,interprets the connotation of letters and visits’ handling behavior,briefly sorts out and types of letters and visits’ handling behavior,and explains the necessity of judicial review of letters and visits’ handling behavior.The third chapter deals with the predicament of judicial review of letters and visits processing from legislation and judicature.The fourth chapter,in view of the predicament of the third chapter,provides some improvement suggestions on the existing judicial review system of letters and visits’ handling,including legal basis,scope of accepting cases,examination standard and court processing thinking,etc.The last part is the conclusion,which makes a brief summary of the whole paper. |
