涉诉信访的成因及应对分析

发布时间：2018-05-27 22:14

本文选题：国家意志 + 涉诉信访　；参考：《山东大学》2011年硕士论文

【摘要】：涉诉信访出现的时间不长,但产生的影响很大,很有研究的必要。当前涉诉信访形势严峻,数量巨大且与日俱增,处理过程中引发的问题很多,影响到社会的稳定和国家制度的正常运转。研究涉诉信访将会对以后解决问题起到至关重要的作用。笔者试图从国家意志方而、司法层面以及传统文化的某些因素来分析涉诉信访的成因。总的来看,涉诉信访的成因多种多样,非常复杂,但抓住了这点,就找准了矛盾的主要方面。就国家意志而言,虽然有某些禁止性规定,甚至默许特殊场合下地方党委、政府对涉诉信访人的打压,但从国家信访制度设置、法治工具性价值定位、人治习惯的大量存在、政治架构以及法律机制等方面来看,在当前环境下,涉诉信访的产生和大量存在是不可避免的,是现有政策下的必然产物。就司法层面来看,司法制度设计不科学,地方化十分严重,当事人为自救,选择绕开地方,向上进行涉诉信访是不得已而又有效的选择；法院近年来不甘居后,加大改革力度,力争在各方面有所突破,但改革中存在不少问题,涉诉信访成为其改革失败的产物；另外,多年来司法运行中出现的不良现象经沉淀发酵,加上媒体的不适当放大,导致司法公信力低下,与涉诉信访形成恶性循环。就传统文化而言,上告文化让人对涉诉信访难以割舍,而超强能力的传统文化又让人对涉诉信访不能放弃：另外,从传统文化发展而来的法律虚无主义和宗教信仰虚无主义,也对涉诉信访的产生起到了推波助澜的作用。涉诉信访的弊端主要表现在：使社会丧失了纠纷解决的权威仲裁者,浪费了大量社会资源,以及实效性差、效率低三个方面。针对涉诉信访的成因和弊端,应进一步探讨有效应对的方法,通过努力在一定程度上限制涉诉信访负面作用的发挥。最后,通过比对、分析,可以预见涉诉信访在一段时问内还是有市场和生存空间的,但长久来看,其走向消亡或变种是不可避免的。
[Abstract]:The time of petition is not long, but the influence is very big, it is necessary to study. At present, the situation of complaint letters and visits is severe, the number is huge and increasing day by day, and many problems are caused in the process of handling, which affect the social stability and the normal operation of the state system. The research on complaint petition will play an important role in solving the problem in the future. The author tries to analyze the causes of petition from the aspect of national will, judicial level and some factors of traditional culture. On the whole, the causes of complaint petition are various and very complicated, but if we grasp this point, we will find out the main aspects of contradiction. As far as the national will is concerned, although there are certain prohibitive provisions, even acquiescing in the suppression of local party committees and governments on special occasions, but from the establishment of the national petition system, the value orientation of the rule of law as a tool, and the existence of a large number of people's rule of law habits, From the point of view of political structure and legal mechanism, under the current environment, it is inevitable to produce and exist a large number of complaint letters and visits, which is the inevitable outcome of the existing policies. At the judicial level, the design of the judicial system is unscientific and the localization is very serious. In order to save oneself, it is necessary and effective for the parties concerned to choose to bypass the place and to carry out complaints and visits upwards. In recent years, the court has been unwilling to live in the country, and has intensified its reform efforts. We strive to make breakthroughs in various fields, but there are many problems in the reform, and complaints, petitions and visits have become the product of its failed reform. In addition, the undesirable phenomena that have emerged in the course of many years of judicial operation have been precipitated and fermented, coupled with improper media amplification. It leads to the low credibility of the judiciary and forms a vicious circle with the petition. As far as the traditional culture is concerned, the petition culture makes it difficult for people to give up the petition, and the super strong traditional culture can not give up the petition. In addition, the legal nihilism and the religious belief nihilism developed from the traditional culture can not be abandoned. It also contributes to the emergence of complaint letters and visits. The malpractice of petition is mainly manifested in three aspects: the loss of the authoritative arbiter of dispute resolution, the waste of a large number of social resources, and the ineffectiveness and inefficiency of the society. In view of the causes and disadvantages of complaint petition, it is necessary to further explore the effective ways to deal with it, and to limit the negative effect of complaint petition to a certain extent. Finally, through comparison and analysis, we can foresee that there is still market and living space in a certain period of time, but in the long run, its trend of extinction or variety is inevitable.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D632.8;D926

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