律师参与涉法涉诉信访案件制度研究

发布时间：2018-01-31 17:10

本文关键词： 涉法涉诉信访律师代理申诉法治　出处：《四川省社会科学院》2017年硕士论文　论文类型：学位论文

【摘要】：目前,我国各项制度深化改革,社会经济建设高速发展,但社会法治建设进程缓慢,公民法律素养有待提升。如何应对转型给社会稳定带来的种种压力与挑战,如何扼制繁杂多元的涉法涉诉信访矛盾冲突,巩固社会的和谐稳定,传统信访工作方式方法正遭遇瓶颈。面对大量涌现的新旧交叠的社会矛盾和社会问题,政法机关处理的大量各类矛盾纠纷的压力也与日俱增,涉法涉诉信访陷入管控失效的局面,重访缠访、越级上访现象凸显,涉法涉诉信访积案难以终结,使得我国司法权威性和公正性受到强烈质疑。社会治理体制不断深化改革,在《关于进一步加强新时期信访工作的意见》与《关于创新群众工作方法解决信访突出问题的意见》的政策指导下,信访工作部门积极探索创新信访工作方式方法,试图引入社会第三方力量参与化解信访矛盾纠纷,缓解信访困境。2015年,为借助律师队伍专业、亲和、中立的执业优势,重塑并强化符合依法治国理念的律师社会责任,《关于建立律师参与化解和代理涉法涉诉信访案件制度的意见》正式提出要引入律师参与涉法涉诉信访矛盾化解工作。该制度充分发挥律师队伍的优势作用,促使律师参与并辅助政法机关缓和涉法涉诉信访矛盾冲突,加强公权力机关与信访群众的有效沟通,瓦解信访群众“信访不信法”的恶性根源,将涉法涉诉信访问题引向法治救济、终结轨道,深化涉法涉诉信访工作的多元改革。综上所述,针对律师参与化解和代理涉法涉诉信访案件问题展开理论研究与实践讨论就显得尤为迫切了。在本文中,笔者将从涉法涉诉信访问题的政策法律依据、实践调研探索、制度问题及原因分析、建立并完善律师参与涉法涉诉信访案件制度等四个方面展开讨论。依据各地实践经验,以某市中院关于律师参与化解和代理涉法涉诉信访案件制度试点情况为例,笔者试图从坚持涉法涉诉信访案件参与原则、搭建律师参与涉法涉诉信访援助平台、完善律师参与涉法涉诉信访案件程序、加强参与涉法涉诉信访案件律师管理这四个方面探讨确立我省律师参与涉法涉诉信访案件制度体系,以期有效发挥该制度的功能作用,缓解我省涉法涉诉信访难题。
[Abstract]:At present, every system of our country deepens the reform, the social economic construction develops at a high speed, but the construction of the social rule of law is slow, the citizen's legal literacy needs to be improved. How to deal with the various pressures and challenges brought by the transformation to the social stability. How to control the complicated and pluralistic conflict of litigation, petition and petition, consolidate the social harmony and stability, the traditional method of petition work is facing the bottleneck, and face a large number of new and old overlapping social contradictions and social problems. The pressure of a large number of contradictions and disputes handled by the political and legal organs is also growing day by day. The legal litigation and petition fall into the situation of ineffective control and control. The phenomenon of repeated visits, leapfrogging petitions and visits is prominent, and it is difficult to end the backlog of cases involving litigation, petition and visit. The judicial authority and impartiality of our country are strongly questioned, and the social governance system continues to deepen the reform. Under the policy guidance of the "opinions on further strengthening the work of Letters and visits in the New period" and the "opinions on innovating the methods of Mass work to solve the prominent problems of Letters and visits". In 2015, the department actively explored the innovative methods of petition work, tried to introduce social third party forces to resolve the conflicts and disputes, and ease the plight of letters and visits. In 2015, it was professional and friendly with the help of lawyers. The neutral practice advantage reshapes and strengthens the lawyer's social responsibility which accords with the idea of governing the country by law. Opinions on the Establishment of the system of lawyers' participation in resolving and acting in cases involving lawsuits and petitions formally proposed that lawyers should be introduced into the work of resolving contradictions between litigation and petition involving in law, and that the system should give full play to the superior role of lawyers. We should urge lawyers to participate in and assist the political and legal organs to ease the conflicts between petition and petition, strengthen the effective communication between the public power organ and the people, and disintegrate the malignant root of the "letter and visit law". Legal issues related to litigation petitions and visits led to the rule of law relief, the end of the track, deepening the multiple reform of the law involving litigation letters and visits. To sum up. It is particularly urgent to study and discuss the theory and practice of lawyers' participation in resolving and acting in litigation cases. In this paper, the author will discuss the policy and legal basis of legal issues. Practical investigation and exploration, system problems and reasons analysis, the establishment and improvement of the system of lawyers involved in litigation, petition cases and other four aspects of the discussion, based on local practice experience. Taking the trial case system of lawyers' participation in resolving and acting for legal issues in a city as an example, the author tries to establish a platform for lawyers' participation in litigation, petition and petition by insisting on the principle of participating in litigation and petition cases. To perfect the procedure of lawyers' participation in litigation and petition cases and to strengthen the management of lawyers' participation in litigation, petition and visit cases, and to explore the establishment of the system of lawyers' participation in legal complaints, petitions and visits in our province. In order to give full play to the function of the system and alleviate the problem of litigation and petition in our province.
【学位授予单位】：四川省社会科学院
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D632.8;D926.5

【参考文献】