我国信访制度存在的问题及其对策研究

发布时间：2018-06-11 22:34

本文选题：信访 + 制度　；参考：《广西师范大学》2017年硕士论文

【摘要】：信访制度作为我国特有的一种制度,该制度的产生和发展都深深地烙有中国特色。信访制度创立的初衷在于密切联系群众,了解民意,解决群众的现实问题和困难。但是随着时代的变迁,尤其是在社会经济结构发生转变、贫富差距不断拉大、司法、执法和守法形势不容乐观的大环境下,信访问题成逐年上升趋势,由于政府在面对上访群体时应对措施不当,从而导致了许多群体性事件的发生,某些地区甚至发生了严重的刑事案件,造成了严重的社会影响,而且也使得民众对政府、法律失去了信任,最终会导致法治难以深入人心。国务院在2005年5月1日出台了新的《信访工作条例》,地方各级政府部门也以此为据制定了相应的地方性法规作为处理信访工作的法律依据。中央还建立了“集中处理信访工作领导责任制和责任追究制”以及“信访工作一票否决制”来促使地方领导重视并解决民众的信访问题。信访问题的发生,就是由于民众对司法不公、利益诉求表达无门、权利救济不及时的不理智反应。当地政府在现实的工作中为了所谓的政绩观和形象工程从而使用不得当的处理信访方式,如进京截访,成立驻京办,不接待本地上访民众等等,并且时不时会出现暴力驱赶上访民众的事件。我国信访制度存在着某些问题和不足,既要敢于承认,也要有决心弥补不足,不断完善信访制度。信访制度仍的建立不仅有理论基础的支持,而且也有现实基础,理论与实践共同推进着信访制度的发展与演变。本文就是基于对信访含义的分析为出发点,进而分析信访制度存在的问题与不足,通过借鉴国内外类似我国信访制度的各项制度,取其精华,去其糟粕,在总结其共同点的基础上,总结出对我国信访制度的启示。最后通过提出一系列的建议和想法去完善信访制度,使其成为执政者的亲民之器,也成为人民群众的“尚方宝剑”。
[Abstract]:As a special system of our country, the system of letter and visit has its own Chinese characteristics. The original intention of the petition system is to closely contact the masses, understand the public, and solve the masses' practical problems and difficulties. But with the change of the times, especially in the social and economic structure changes, the gap between the rich and the poor continues to widen, the judicial, law enforcement and law-abiding situation is not optimistic, the issue of letters and visits has been rising year by year. Due to the improper measures taken by the government in the face of the petition group, this has led to many mass incidents, and serious criminal cases have even occurred in some areas, which have caused serious social impact, and have also made the public to the government. The loss of trust in the law will ultimately make it difficult for the rule of law to be deeply rooted in the people's mind. On May 1, 2005, the State Council issued a new Regulation on the work of Letters and visits, and local government departments at all levels also formulated corresponding local laws and regulations as the legal basis for handling the work of letters and visits. The Central Committee has also established the "responsibility system and accountability system for centralized handling of letters and visits" and the "one-vote veto system for petition work" to urge local leaders to pay attention to and solve the problem of people's petitions and visits. The problem of letters and visits is due to the irrational reaction of the public to the unfair administration of justice, the expression of interests, and the untimely relief of rights. In their practical work, the local government has used inappropriate methods of handling letters and visits for the so-called achievements and image projects, such as intercepting visits to Beijing, setting up a Beijing office, not receiving local petitioners, and so on. And from time to time there are violent expulsions of petitioners. There are some problems and deficiencies in the system of petition and visit in our country. We should not only dare to admit, but also have the determination to make up for the deficiency, and constantly improve the system of letters and visits. The establishment of petition system is based not only on theory but also on reality. Theory and practice promote the development and evolution of petition system. This article is based on the analysis of the meaning of letters and visits as a starting point, and then analyzes the problems and shortcomings of the letter and visit system, through the reference of domestic and foreign similar to the system of letters and visits in China, take the essence of the system, and discard its dross. On the basis of summarizing its common points, this paper summarizes the enlightenment to our country's petition system. Finally, by putting forward a series of suggestions and ideas to perfect the system of letters and visits, make it become the organ of the government and the sword of the people.
【学位授予单位】：广西师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.1

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