我国涉诉信访及应对之策研究
发布时间：2018-07-28 13:50
【摘要】：我国涉诉信访制度是中国建设特色社会主义社会的发展过程中，出现的一种新事物。涉诉信访是对法院生效的判决不服，通过来信、来访的形式要求人民法院改变其生效的原判决，或者对法院及其工作的法官的作风的反映。由于经济建设的快速发展，涉及法院处理的涉诉信访案件越来越多，近几年来越发成为关注的热点。对中国经济建设过程中产生的社会矛盾及其妥善解决影响极大。同时涉诉信访在以往的理论研究中，忽视其独立性，将其作为涉法信访去处理。这样容易引起涉法信访与涉诉信访不容易区分，也在实践中造成了工作难以开展，从而使问题迟迟不能解决，给上访群众造成了司法不公的影响。涉诉信访的目的就是要改变法院已经生效的判决，正因为如此对司法权威造成了严重的影响。同时对社会主义法治理念的培养也有一定的影响。因涉诉信访给奔波的人员造成了人力和财力上巨大支出，对其家庭和社会带来了巨大的负担。但是，涉诉信访问题有其积极性的表现，通过涉诉信访的解决，能让群众更好的理解司法公平公正，能更好的拉近人民法院与人民群众的关系，更有利于人民群众行使监督的权利。更为重要的是，涉诉信访制度的存在为涉诉信访人员提供了一个宣泄的窗口，从而通过这样的方式使社会安定、有序、平稳健康的发展。本文通过对我国涉诉信访案件的性质、类型、产生原因、以及涉诉信访的解决途径等分析，更加说明涉诉信访的重要性，以及涉诉信访解决的最终途径是疏通渠道，而不能将其围堵截留造成不良的社会影响。从而处理好畅通民意更好的维护司法权威。人民法院是通过居中裁判来平衡社会利益的，当这种利益平衡在分配上出现了不公，，涉诉信访问题就产生了，其主要原因就是法院和法官在日常审判工作中，到底能不能做到公平公正。涉诉信访问题妥善彻底的解决，需要全社会的共同努力。当整个社会法制观念能够真正的形成的时候，这种影响社会法治进步的现象就会自动的消失。对司法体制改革也有重要的推动作用。因涉诉信访量的大幅攀升对构建和谐社会造成极大的威胁和障碍，对司法形象的造成极大的影响，同时也是对法院司法权威的严重挑战。随着研究的深入，使我逐步认识到不能把涉诉信访仅仅当作解决公民个体利益诉求的一种渠道，而应该把它置于人权保障、政治参与、权力制约与监督等法治国家建设的宏观背景中去研究。
[Abstract]:The system of complaint petition in China is a new thing in the process of building socialist society with Chinese characteristics. The petition is not satisfied with the judgment of the court, and requests the people's court to change its original judgment or reflect the style of the judge in the court and its work by means of letters and visits. Due to the rapid development of economic construction, there are more and more petition cases involving the court, which has become the focus of attention in recent years. It has great influence on the social contradiction and its proper solution in the process of China's economic construction. At the same time, the independence of litigation petition is ignored in the previous theoretical research, and it is treated as law-related petition. Therefore, it is difficult to distinguish between the petition and the complaint, and it is difficult to carry out the work in practice, so that the problem can not be solved and the appeal to the masses is affected by the unfair administration of justice. The purpose of petition is to change the judgment that the court has already made, because it has a serious influence on the judicial authority. At the same time, the concept of socialist rule of law also has a certain impact on the cultivation. The petition caused huge human and financial expenditure and a huge burden on their families and society. However, the issue of complaint petition has its positive performance. By resolving the complaint, petition and petition, the masses can have a better understanding of judicial fairness and fairness, and can better narrow the relationship between the people's court and the people. More conducive to the exercise of the people's right to supervision. More importantly, the existence of the complaint petition system provides a window for the litigant petition personnel, so as to make the society stable, orderly and healthy development through this way. Based on the analysis of the nature, type, cause and solution of complaint petition in China, this paper further explains the importance of complaint petition, and the final way to solve the complaint petition is to dredge the channel. But it can not be blocked and retained resulting in adverse social impact. In order to deal with the smooth flow of public opinion to better safeguard judicial authority. The people's courts balance the interests of the society through the central adjudication. When there is an unfair distribution of this kind of interests, the issue of complaint letters and visits arises. The main reason is that the courts and judges are in their daily trial work. Whether or not fairness can be achieved. A proper and thorough solution to the problem of complaint letters and visits requires the joint efforts of the whole society. When the concept of the whole social legal system can really form, the phenomenon that affects the progress of the social legal system will disappear automatically. It also plays an important role in promoting the reform of the judicial system. Because of the large increase in the volume of complaint letters and visits, the construction of a harmonious society has caused great threats and obstacles, a great impact on the image of the judiciary, but also a serious challenge to the judicial authority of the court. With the deepening of the research, I gradually realized that the petition should not only be regarded as a channel to solve the individual interests of citizens, but should be placed on the protection of human rights and political participation. Power restriction and supervision are studied in the macro background of the construction of a country ruled by law.
【学位授予单位】：辽宁大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.1;D632.8
本文编号：2150360
[Abstract]:The system of complaint petition in China is a new thing in the process of building socialist society with Chinese characteristics. The petition is not satisfied with the judgment of the court, and requests the people's court to change its original judgment or reflect the style of the judge in the court and its work by means of letters and visits. Due to the rapid development of economic construction, there are more and more petition cases involving the court, which has become the focus of attention in recent years. It has great influence on the social contradiction and its proper solution in the process of China's economic construction. At the same time, the independence of litigation petition is ignored in the previous theoretical research, and it is treated as law-related petition. Therefore, it is difficult to distinguish between the petition and the complaint, and it is difficult to carry out the work in practice, so that the problem can not be solved and the appeal to the masses is affected by the unfair administration of justice. The purpose of petition is to change the judgment that the court has already made, because it has a serious influence on the judicial authority. At the same time, the concept of socialist rule of law also has a certain impact on the cultivation. The petition caused huge human and financial expenditure and a huge burden on their families and society. However, the issue of complaint petition has its positive performance. By resolving the complaint, petition and petition, the masses can have a better understanding of judicial fairness and fairness, and can better narrow the relationship between the people's court and the people. More conducive to the exercise of the people's right to supervision. More importantly, the existence of the complaint petition system provides a window for the litigant petition personnel, so as to make the society stable, orderly and healthy development through this way. Based on the analysis of the nature, type, cause and solution of complaint petition in China, this paper further explains the importance of complaint petition, and the final way to solve the complaint petition is to dredge the channel. But it can not be blocked and retained resulting in adverse social impact. In order to deal with the smooth flow of public opinion to better safeguard judicial authority. The people's courts balance the interests of the society through the central adjudication. When there is an unfair distribution of this kind of interests, the issue of complaint letters and visits arises. The main reason is that the courts and judges are in their daily trial work. Whether or not fairness can be achieved. A proper and thorough solution to the problem of complaint letters and visits requires the joint efforts of the whole society. When the concept of the whole social legal system can really form, the phenomenon that affects the progress of the social legal system will disappear automatically. It also plays an important role in promoting the reform of the judicial system. Because of the large increase in the volume of complaint letters and visits, the construction of a harmonious society has caused great threats and obstacles, a great impact on the image of the judiciary, but also a serious challenge to the judicial authority of the court. With the deepening of the research, I gradually realized that the petition should not only be regarded as a channel to solve the individual interests of citizens, but should be placed on the protection of human rights and political participation. Power restriction and supervision are studied in the macro background of the construction of a country ruled by law.
【学位授予单位】：辽宁大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.1;D632.8
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