论群体信访突发事件的法律应对
发布时间：2019-03-29 14:31
【摘要】：近些年来，群体信访突发事件逐步增多，甚至呈现出高发态势，成为影响社会稳定的一个重要因素。目前，，群体信访突发事件法律应对越来越受到重视并逐步付诸实践，但是，根据群体信访突发事件法律制度内涵和支撑其法律应对的理论，我国群体信访突发事件法律应对体系至今还没有形成，这对及时有效预防和解决群体信访突发事件是不利的。对此，本文提出亟需并加强群体信访突发事件应对法律制度体系建设的观点。 本文围绕上述观点，从如下四个方面展开论述： 第一个方面，揭示群体信访突发事件的利益分配不合理、腐败现象、法律意识增强、利益诉求渠道不畅通等成因，指出我国的特殊国情决定了当前发生的群体信访突发事件带有明显的转型期特点，描绘了群体信访突发事件法律制度的构成（信访工作制度、信访突发事件的预防制度和处理制度），提出了群体信访突发事件法律应对的实现社会安全稳定、切实维护群众利益的价值取向，以及应遵循的基本原则。 第二个方面，分析了我国群体信访突发事件法律应对的现状，包括《信访条例》、《中华人民共和国突发事件应对法》以及其他相关立法之规定，指出了我国目前群体信访突发事件法律应对存在的立法缺陷、执法缺陷、本末倒置、教育滞后等问题。 第三个方面，强调了建立和完善群体信访突发事件法律制度的必要性。认为建立和完善群体信访突发事件法律制度是维护社会安全稳定和解决相关法律制度缺陷问题的必然要求。 第四个方面，提出了加强群体信访突发事件法律制度建设的建议。认为应当从“防范”、“化解”、“控制”、“权利救济”、“责任追究”等方面加强制度建设，坚持预防为主，处置为辅，对事件处置作出具体规定，确保对群体信访突发事件的处置做到有法可依、有法必依、执法必严、违法必究。
[Abstract]:In recent years, group letters and visits emergencies gradually increased, and even presented a high incidence situation, has become an important factor affecting social stability. At present, more and more attention has been paid to the legal response to group petition emergencies and gradually put into practice. However, according to the connotation of the legal system of group letters and visits and the theories supporting its legal response, So far, the legal response system of group petition emergencies has not been formed in our country, which is disadvantageous to prevent and solve group petition emergencies in a timely and effective manner. In view of this, this paper puts forward the view that it is urgent to strengthen the construction of the legal system to deal with the emergency of group letters and visits. Based on the above-mentioned views, this paper discusses the following four aspects: first, it reveals the causes of unreasonable distribution of interest, corruption, enhancement of legal consciousness, lack of channels of interest appeal, and so on, in the first aspect. It is pointed out that the special situation of our country determines that the current group petition emergencies have obvious characteristics of transition period, and describes the composition of the legal system of group petition emergencies (letter and visit work system). This paper puts forward the value orientation of realizing social security and stability, safeguarding the interests of the masses, and the basic principles that should be followed in the legal response to the emergency events of group letters and visits (prevention system and handling system). In the second aspect, the author analyzes the current situation of the legal response to the emergency incidents of group letters and visits in China, including the regulations on Letters and visits, the Law of the people's Republic of China on the response to Emergencies, and the provisions of other relevant legislation. This paper points out the legislative defects, law enforcement defects, putting the cart before the horse, lagging behind in education and so on, which exist in the legal response to the emergency events of group letters and visits in our country. In the third aspect, it emphasizes the necessity of establishing and perfecting the legal system of group petition emergencies. It is considered that the establishment and perfection of the legal system of mass petition emergencies is an inevitable requirement to maintain social security and stability and to solve the defects of the relevant legal system. The fourth aspect, put forward the suggestion to strengthen the construction of the legal system of group petition emergency. Considering that we should strengthen the system construction from the aspects of "prevention", "defusing", "control", "right relief" and "accountability investigation", adhere to the principle of prevention, and make specific provisions on the handling of incidents, Ensure that there is a law to handle the emergency incidents of group letters and visits, there is a law to be obeyed, the law is strictly enforced, and the violation of the law is prosecuted.
【学位授予单位】：福州大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D631.43
本文编号：2449632
[Abstract]:In recent years, group letters and visits emergencies gradually increased, and even presented a high incidence situation, has become an important factor affecting social stability. At present, more and more attention has been paid to the legal response to group petition emergencies and gradually put into practice. However, according to the connotation of the legal system of group letters and visits and the theories supporting its legal response, So far, the legal response system of group petition emergencies has not been formed in our country, which is disadvantageous to prevent and solve group petition emergencies in a timely and effective manner. In view of this, this paper puts forward the view that it is urgent to strengthen the construction of the legal system to deal with the emergency of group letters and visits. Based on the above-mentioned views, this paper discusses the following four aspects: first, it reveals the causes of unreasonable distribution of interest, corruption, enhancement of legal consciousness, lack of channels of interest appeal, and so on, in the first aspect. It is pointed out that the special situation of our country determines that the current group petition emergencies have obvious characteristics of transition period, and describes the composition of the legal system of group petition emergencies (letter and visit work system). This paper puts forward the value orientation of realizing social security and stability, safeguarding the interests of the masses, and the basic principles that should be followed in the legal response to the emergency events of group letters and visits (prevention system and handling system). In the second aspect, the author analyzes the current situation of the legal response to the emergency incidents of group letters and visits in China, including the regulations on Letters and visits, the Law of the people's Republic of China on the response to Emergencies, and the provisions of other relevant legislation. This paper points out the legislative defects, law enforcement defects, putting the cart before the horse, lagging behind in education and so on, which exist in the legal response to the emergency events of group letters and visits in our country. In the third aspect, it emphasizes the necessity of establishing and perfecting the legal system of group petition emergencies. It is considered that the establishment and perfection of the legal system of mass petition emergencies is an inevitable requirement to maintain social security and stability and to solve the defects of the relevant legal system. The fourth aspect, put forward the suggestion to strengthen the construction of the legal system of group petition emergency. Considering that we should strengthen the system construction from the aspects of "prevention", "defusing", "control", "right relief" and "accountability investigation", adhere to the principle of prevention, and make specific provisions on the handling of incidents, Ensure that there is a law to handle the emergency incidents of group letters and visits, there is a law to be obeyed, the law is strictly enforced, and the violation of the law is prosecuted.
【学位授予单位】：福州大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D631.43
【参考文献】
相关期刊论文 前3条
1 刘华;集体访的认识、特点、成因和对策——兼议信访条例[J];太原城市职业技术学院学报;2004年06期
2 罗一娴;;群体性突发事件的特征 原因及对策[J];信阳农业高等专科学校学报;2007年04期
3 李一平;突发性群体事件的成因及防范[J];中州学刊;2002年05期
本文编号：2449632
本文链接：https://www.wllwen.com/falvlunwen/fanzuizhian/2449632.html
