Adhere to the "administration according to law, the principle of reasonable administration" is the key to improve the work of letters

 □Ji Guqing

   1, civil and administrative legal functions, there is essential difference between the legal act.

   Civil behavior is usually composed of judicial trial, is to realize the legal force of state; and the administrative behavior is a kind of management behavior, two kinds of legal behavior is different from.

   The people's court, to exercise judicial functions. The judicial organ law enforcement is the legal supervision by the ruling legal dispute and distinguish the right and wrong, is, the punishment of crime and the settlement of disputes and function mechanism. The people's court as a state organ, and set a specific authorization based on laws and regulations, exercise of the national judicial functions,

   The administrative organ, the exercise of administrative functions. The administrative organ in accordance with the provisions of the constitution or refers to the administrative organization law and the establishment of the exercise of state functions of the organs, the exercise of the law enforcement, management of national affairs, foreign affairs. Administrative law enforcement agency is carried out through the management of state affairs, foreign affairs.

   Administrative act within the law of administration, the main basis of national legal system under the administrative rules and regulations formulated by the people's court; is the national special civil disputes and criminal case judicial institutions, mainly on the basis of "the people's Republic of China Criminal Procedure Law", "people's Republic of China Civil procedure law", "the people's Republic of China Administrative Procedure Law" and other laws.

   2, the administrative act can not replace judicial action, the administrative organ shall adhere to the principle of "administration according to law, reasonable administration"

   Although, for breach of tourism contract legal disputes caused by civil and administrative legal norms adjustment, but the administrative behavior can not replace the judicial behavior, and the specific administrative act, the administrative organ, also can only be the administration within the law, and must not be above the law.

The tourism administration department according to the "travel regulations" and other administrative regulations, the travel agency "zhibaojin" the exercise of management right. Tourism Quality Supervision Mechanism of the Tourism Administration Department of tourism, according to the complaint acceptance procedures, responsible for hearing "zhibaojin" compensation cases, resolve: "travel agency breach of tourism contract, against the legitimate rights and interests of the tourists, the tourism administration department verified; travel due to dissolution, bankruptcy or other reasons caused by tourists the travel costs" and other administrative appeal.

   According to the relevant legal provisions: "overseas deposit" as the guarantee behavior, regardless of the clause is a statutory or contractual, as well as the content of contract of guarantee legal? Belong to civil legal relationship adjustment category, from the people's court legal disputes.

It is worth mentioning that, whether it is the administrative behavior? Or a civil behavior? Whether administrative department? Or the people's court? The dispute, must follow the basic principle of "mediation". "Try to mediate" although be administration advocated "governing for the people" good work style is specific reflect, but "everything is everything" service approach, is the embodiment of the "and not", "the government" is the establishment of China's democracy and legal society abandon the current.

   Therefore, the exercise of the tourism administration department is only administrative functions, rather than the national judicial functions. "Overseas deposit" as a civil legal act with nature of guaranty, the breach of contract disputes trial, should request the people's court to adjust. That is to say: the civil dispute does not belong to the administrative department management, tourism administrative departments at all levels should not replace the people's courts exercise judicial functions.