涉诉信访的功能评析及其问题研应对之策
发布时间：2018-09-14 12:38
【摘要】：涉诉信访问题由来已久,在其产生的时代背景下发挥了重要的作用。涉诉信访本应随着法治的不断完善而逐渐消亡,但事实并非如此。当前随着改革开放的不断深入,各种利益关系的冲突及利益格局的不断调整,一些深层次的问题不断引发群众的涉诉信访活动,使得这一问题不断激化。在我们大力建设社会主义法治国家的过程中,涉诉信访并没有随着民事诉讼制度及程序的不断完善而消解,相反却被各种当事人争相利用。涉诉信访已然成为信访的主要内容,这不仅困扰着各种纠纷的当事人,更困扰着各级司法机关。 本文试图通过四部分的内容对涉诉信访的功能定位进行评析并就其存在的问题提出相应的应对之策: 第一部分:对涉诉信访问题进行综述。作为文章的第一部分,首先探讨涉诉信访的内涵与特征,比较涉诉信访与信访、涉法信访以及申请再审的不同,以此明确本文的研究对象。此部分将着重阐述涉诉信访在法治背景下所体现出的理论上与实践中的各种矛盾性,这种矛盾性主要表现为以下几个方面:程序正义与实体正义,涉诉信访与司法最终解决原则,涉诉信访与司法权威,涉诉信访功能的放大与实际实现权利救济的比例,以及充分保障公民的信访权与将涉诉信访案件控制在基层之间。 第二部分:着重分析涉诉信访在演变过程中表现出的问题及其原因分析。涉诉信访在演变过程中日益表现出更多的技术性、专业性以及投机性,无理上访的案件不断增多,涉诉信访案件在终结上更是日益困难。笔者认为涉诉信访的日益扭曲是在以下方面的共同作用下形成的:人们对于经济利益的过分追求,法院信访基金的不当作用,程序外各种因素对涉诉信访的影响等,但最为根本的原因是涉诉信访在功能定位上的偏差,正是涉诉信访在功能定位上的偏差才使得涉诉信访问题变得愈发棘手。 第三部分:评述涉诉信访的各种功能。在这一部分中,首先简要分析信访制度的历史演变过程,并由此引出涉诉信访所具有的四大功能——“参政议政”、“民主监督”、“纠纷解决”、“权利救济”。并通过对各种功能的深入分析得出以下结论:涉诉信访问题的有效解决有赖于涉诉信访功能的回归——即不断弱化其“纠纷解决”与“权利救济”的功能,不断使涉诉信访回归到“参政议政”与“民主监督”的功能上来。 第四部分:针对目前涉诉信访在实践中存在的问题提出应对之策。学界对于涉诉信访这一问题所提出的应对之策颇多,与他人提出的加强对涉诉信访的程序控制不同,笔者认为更应当通过完善多元化纠纷解决方式以及完善程序分流下的判决说理两个方面解决涉诉信访问题。在涉诉信访功能回归的前提下通过完善大调解机制,探索民间纠纷解决途径,在民事纠纷司法最终解决原则的基础上保障各种纠纷解决方式的有效运作及恰当衔接,通过加强对各种非诉途径的人力、物力投入及不断完善各种非诉方式的制度和程序等措施,不断优化多元化的纠纷解决模式,扩大纠纷解决与权利救济的途径及方式;通过调解程序等对民事诉讼程序进行有效分流的基础上,强化法官的判决说理工作,重新树立司法的权威性。通过这两个方面的共同努力,才能有效解决目前涉诉信访中出现的问题。
[Abstract]:The issue of complaint-related letters and visits has a long history and played an important role in the background of its emergence. The complaint-related letters and visits should have gradually disappeared with the continuous improvement of the rule of law, but this is not the case. In the process of building a socialist country ruled by law, complaints and visits concerning lawsuits have not been resolved with the continuous improvement of civil litigation system and procedures, but have been used by various parties. The parties perplexing all kinds of disputes are even more perplexing the judicial organs at all levels.
This paper tries to analyze the function of complaint and visit in litigation through four parts and puts forward corresponding countermeasures to the problems.
As the first part of the article, it first discusses the connotation and characteristics of complaint-related petitions, compares the differences between complaint-related petitions and petitions, legal-related petitions and applications for retrial, so as to clarify the object of this study. This part will focus on the theoretical aspects of complaint-related petitions in the context of the rule of law. This contradiction is mainly manifested in the following aspects: procedural justice and substantive justice, the principle of final settlement of litigation-related petitions and judicial authority, the enlargement of the function of litigation-related petitions and petitions and the proportion of the actual realization of rights relief, and the full protection of citizens'right to petitions and petitions involving litigation-related cases. The parts are controlled between the grass-roots units.
The second part focuses on the analysis of the problems and their causes in the evolution of petitions involving litigation. In the process of evolution, petitions involving litigation show more and more technical, professional and speculative, unreasonable petitions are increasing, and petitions involving litigation are increasingly difficult to terminate. The distortion is formed under the joint effect of the following aspects: people's excessive pursuit of economic interests, the inappropriate use of the court petition fund, the influence of various factors outside the procedure on petition involving litigation, etc., but the most fundamental reason is the deviation of the function orientation of petition involving litigation, which is the deviation of the function orientation of petition involving litigation. Complaint letters and visits have become more and more difficult.
The third part: Comments on the various functions of the complaint-related petition system. In this part, first of all, a brief analysis of the historical evolution process of the complaint-related petition system, and thus leads to the four major functions of the complaint-related petition system - "participation in politics and deliberation", "democratic supervision", "dispute resolution" and "rights relief". Through in-depth analysis of the various functions to come to the conclusion. The conclusion is that the effective solution to the problem depends on the return of the function of complaint and visit, that is, the function of "dispute resolution" and "right relief" is weakened constantly, and the function of "participation in politics and deliberation" and "democratic supervision" is returned to the function of complaint and visit.
Part IV: In view of the problems existing in the practice of complaint-related petitions and visits at present, there are many countermeasures to deal with this problem in academic circles, which are different from other people's proposals to strengthen the procedural control of complaint-related petitions and visits. The author thinks that we should improve the diversified dispute resolution methods and perfect the procedural diversion. On the premise of returning to the function of complaint-related letters and visits, we should improve the mechanism of mediation, explore the ways of solving civil disputes, guarantee the effective operation and proper connection of various dispute resolution methods on the basis of the principle of judicial final settlement of civil disputes, and strengthen various non-litigation channels. Manpower, material resources and constantly improve the various non-litigation systems and procedures, and constantly optimize the diversified mode of dispute resolution, expand the channels and means of dispute resolution and rights relief; through the mediation process on the basis of effective diversion of civil proceedings, strengthen the judges'reasoning work, re-establish the Division The authoritativeness of the law. Only through the joint efforts of these two aspects can we effectively solve the problems in the current complaint-related letters and visits.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926
本文编号：2242733
[Abstract]:The issue of complaint-related letters and visits has a long history and played an important role in the background of its emergence. The complaint-related letters and visits should have gradually disappeared with the continuous improvement of the rule of law, but this is not the case. In the process of building a socialist country ruled by law, complaints and visits concerning lawsuits have not been resolved with the continuous improvement of civil litigation system and procedures, but have been used by various parties. The parties perplexing all kinds of disputes are even more perplexing the judicial organs at all levels.
This paper tries to analyze the function of complaint and visit in litigation through four parts and puts forward corresponding countermeasures to the problems.
As the first part of the article, it first discusses the connotation and characteristics of complaint-related petitions, compares the differences between complaint-related petitions and petitions, legal-related petitions and applications for retrial, so as to clarify the object of this study. This part will focus on the theoretical aspects of complaint-related petitions in the context of the rule of law. This contradiction is mainly manifested in the following aspects: procedural justice and substantive justice, the principle of final settlement of litigation-related petitions and judicial authority, the enlargement of the function of litigation-related petitions and petitions and the proportion of the actual realization of rights relief, and the full protection of citizens'right to petitions and petitions involving litigation-related cases. The parts are controlled between the grass-roots units.
The second part focuses on the analysis of the problems and their causes in the evolution of petitions involving litigation. In the process of evolution, petitions involving litigation show more and more technical, professional and speculative, unreasonable petitions are increasing, and petitions involving litigation are increasingly difficult to terminate. The distortion is formed under the joint effect of the following aspects: people's excessive pursuit of economic interests, the inappropriate use of the court petition fund, the influence of various factors outside the procedure on petition involving litigation, etc., but the most fundamental reason is the deviation of the function orientation of petition involving litigation, which is the deviation of the function orientation of petition involving litigation. Complaint letters and visits have become more and more difficult.
The third part: Comments on the various functions of the complaint-related petition system. In this part, first of all, a brief analysis of the historical evolution process of the complaint-related petition system, and thus leads to the four major functions of the complaint-related petition system - "participation in politics and deliberation", "democratic supervision", "dispute resolution" and "rights relief". Through in-depth analysis of the various functions to come to the conclusion. The conclusion is that the effective solution to the problem depends on the return of the function of complaint and visit, that is, the function of "dispute resolution" and "right relief" is weakened constantly, and the function of "participation in politics and deliberation" and "democratic supervision" is returned to the function of complaint and visit.
Part IV: In view of the problems existing in the practice of complaint-related petitions and visits at present, there are many countermeasures to deal with this problem in academic circles, which are different from other people's proposals to strengthen the procedural control of complaint-related petitions and visits. The author thinks that we should improve the diversified dispute resolution methods and perfect the procedural diversion. On the premise of returning to the function of complaint-related letters and visits, we should improve the mechanism of mediation, explore the ways of solving civil disputes, guarantee the effective operation and proper connection of various dispute resolution methods on the basis of the principle of judicial final settlement of civil disputes, and strengthen various non-litigation channels. Manpower, material resources and constantly improve the various non-litigation systems and procedures, and constantly optimize the diversified mode of dispute resolution, expand the channels and means of dispute resolution and rights relief; through the mediation process on the basis of effective diversion of civil proceedings, strengthen the judges'reasoning work, re-establish the Division The authoritativeness of the law. Only through the joint efforts of these two aspects can we effectively solve the problems in the current complaint-related letters and visits.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926
【参考文献】
相关期刊论文 前4条
1 张晓茹;浅议司法最终解决原则[J];河南大学学报(社会科学版);2000年02期
2 应星;作为特殊行政救济的信访救济[J];法学研究;2004年03期
3 胡道才;我国涉诉信访终结机制的建构[J];国家检察官学院学报;2004年06期
4 陈广胜;将信访纳入法治的轨道——转型期信访制度改革的路径选择[J];浙江社会科学;2005年04期
，本文编号：2242733
本文链接：https://www.wllwen.com/falvlunwen/gongjianfalunwen/2242733.html
