涉诉信访实务研究

发布时间：2018-01-27 03:28

本文关键词： 信访制度涉诉信访特点与成因解决对策　出处：《黑龙江大学》2015年硕士论文　论文类型：学位论文

【摘要】：2005年国务院颁布实施的《信访条例》在维护社会稳定,维护人民群众的合法权益方面发挥了巨大作用。近年来,随着越来越多的社会矛盾进入司法领域,从而产生了大量的涉诉信访。《信访条例》是十年前颁布的,有些内容过于原则,过于简单,由于新形势的变化,《信访条例》已经不能完全满足解决当前涉诉信访问题的需要。涉诉信访问题有涉法访总量大,上访形式和内容越来越多样化的特点,产生的成因也很复杂,有上访者本身的原因,有个别法官业务和政治素质低下的原因,也有信访制度本身不尽完善的原因,因此解决起来也不能急功近利,毕其功于一役。要根据其特点和成因因地制宜、有的放矢的加以解决,需要采取多种办法综合治理。要不断加大法制宣传教育力度,耐心细致地做好释法答疑和调解工作,进行律师参与涉诉信访工作的有益尝试,认真解决有理访的同时处理好无理访、缠访及闹访问题,要增强行政机关依法履责能力,健全涉诉信访长效机制,持续深化司法体制改革。但起于“涉法”,也要终于“法治”。涉诉信访问题是因法律而产生的,也要纳入法治轨道依法解决。要运用法治思维和法治方式来推动涉诉信访问题的解决。这既是全面推进依法治国的必然要求,也是维护最广大人民根本利益的需要,只有这样,才能更好地维护法律尊严、维护人民群众合法权益、维护社会和谐稳定。
[Abstract]:In 2005, the regulations on Letters and visits promulgated and implemented by the State Council have played a great role in maintaining social stability and safeguarding the legitimate rights and interests of the people. In recent years, with more and more social contradictions entering the judicial field. As a result, a large number of litigant letters and visits were issued ten years ago, some of which were too principled and too simple, because of the changes in the new situation. The "regulations on Letters and visits" can no longer fully meet the needs of solving the current problems of litigation, letters and visits, which have the characteristics of a large total amount of legal complaints and visits, more and more diversified forms and contents of petitions and petitions, and the causes of their formation are also very complex. There are the reasons of the petitioners themselves, the low professional and political quality of individual judges, and the imperfect system of letters and visits. In order to solve the problem according to its characteristics and causes, it is necessary to adopt a variety of methods to comprehensively control it, and to constantly increase the intensity of publicity and education of the legal system. We should be patient and meticulous in answering questions and mediating, conducting useful attempts for lawyers to participate in the work of petition and petition, and earnestly resolving the problems of unreasonable visits, perturbed visits and noisy visits while seriously resolving the rational visits. It is necessary to strengthen the ability of administrative organs to perform their duties according to law, improve the long-term mechanism of petition and petition, and continuously deepen the reform of the judicial system. It should also be brought into the track of the rule of law to solve according to law. We should use the rule of law thinking and the rule of law to promote the solution of the problem of petition and petition. This is the inevitable requirement of comprehensively promoting the rule of law. It is also the need to safeguard the fundamental interests of the overwhelming majority of the people. Only in this way can we better safeguard the dignity of the law, safeguard the legitimate rights and interests of the masses of the people, and maintain social harmony and stability.
【学位授予单位】：黑龙江大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.182.1

【相似文献】