越级上访的法治化治理研究

发布时间：2018-06-15 21:30

本文选题：越级上访 + 基层治理　；参考：《西南政法大学》2015年硕士论文

【摘要】：自2005年《信访条例》实施以来,越级上访未能从根本上得到有效治理,反而是越演越烈,引发了大量的社会问题,严重影响了社会和谐与稳定,这让我们不得不思及越级上访难以解决的原因及其如何有效治理越级上访的策略。信访《办法》的出台对于越级上访治理进行了重大制度改革,明确了中央依法治访的决心。在大力推行依法治国的今天,对于越级上访治理,只要我们坚持以畅通信访渠道为基本工作要求,以属地管理、分级负责为原则,以法治思维与法治方式为治理策略,以化解矛盾为根本,以推进法治为取向,“越级上访成为历史”一定会实现。引言部分简要说明了新规出台的原因以及初期效果情况,引出本文所要探讨的核心问题。综述了部分学者关于越级上访治理的研究。介绍了文章的研究思路、文章的重点与创新点及其主要研究方法。第一章介绍了越级上访越演越烈的现实状况及其引发的大量社会问题,表明了有效治理越级上访的必要性和紧迫性。第二章分析了越级上访难以解决的各种原因。主要包括访民观念与中央政策的矛盾、基层治理、体制机制、司法救济渠道不足等方面原因,导致社会矛盾不能有效化解,越级上访治理陷入困境。第三章提出了以法治思维与法治方式强化越级上访治理的治理建议。建议从推进制度改革,明确治理思路,推进基层法治,重建基层政府公信力,维护司法权威,树立司法公信力,加强法治教育,引导群众依法维权这几点上强化越级上访治理,让越级上访问题回归法治途径,依靠法治方式解决,把社会矛盾的解决建立在法治的基础之上,逐步形成遇事找法、办事依法、解决问题用法、化解矛盾靠法的良好法治秩序。结论部分肯定了信访新规的法治取向,并最终强调只要我们坚持以畅通信访渠道为基本工作要求,以属地管理、分级负责为原则,以法治思维与法治方式为治理策略,以化解矛盾为根本,以推进法治为取向,“越级上访成为历史”一定会实现。
[Abstract]:Since the implementation of the regulations on Letters and visits in 2005, the leapfrogging petition has not been effectively managed at all, on the contrary, it has become more and more serious, which has caused a large number of social problems and seriously affected social harmony and stability. So we have to think about the reasons why leapfrogging petition is difficult to solve and how to effectively manage the strategy of leapfrogging petition. The introduction of the procedures for petition and petition has carried out a major system reform and made clear the determination of the central government to administer the petition in accordance with the law. Today, when we are vigorously promoting the rule of law, as long as we persist in taking unimpeded channels of petition and petition as the basic work requirements, taking territorial management and hierarchical responsibility as the principle, and taking the thinking of the rule of law and the way of ruling by law as the governance strategy, To resolve contradictions as the fundamental, to promote the rule of law as the orientation, "leapfrogging petition into history" will be achieved. The introduction briefly explains the reasons and the initial effects of the new regulations, and leads to the core issues to be discussed in this paper. This paper summarizes some scholars' research on leapfrogging petition governance. This paper introduces the research ideas, the emphasis and innovation of the article and its main research methods. The first chapter introduces the real situation of leapfrogging petition and the social problems caused by it, and shows the necessity and urgency of managing leapfrogging petition effectively. The second chapter analyzes the various reasons why it is difficult to solve the problem of leapfrogging petition. It mainly includes the contradiction between the concept of visiting people and the central policy, the basic level governance, the system mechanism, the insufficient judicial relief channel and so on, which leads to the social contradiction can not be resolved effectively, and the leapfrogging petition administration falls into a difficult position. The third chapter puts forward some suggestions on how to strengthen leapfrogging administration by law thinking and rule by law. It is suggested to strengthen the leapfrogging and petition administration from the following aspects: advancing the reform of the system, clarifying the idea of governance, promoting the rule of law at the grass-roots level, rebuilding the credibility of the grass-roots government, safeguarding judicial authority, establishing judicial credibility, strengthening education on the rule of law, guiding the masses to protect their rights in accordance with the law. Let the problem of leapfrogging petition return to the way of rule of law, rely on the way of rule of law, solve the social contradiction on the basis of the rule of law, and gradually form a good order of rule of law in order to find a law, handle affairs according to law, solve problems and resolve contradictions by law. The conclusion part affirms the rule of law orientation of the new rules of petition and visits, and finally emphasizes that as long as we insist on taking the unblocked channel of petition as the basic work requirement, the principle of territorial management, the principle of hierarchical responsibility, and the rule of law thinking and the way of ruling by law as the governance strategy. To resolve contradictions as the fundamental, to promote the rule of law as the orientation, "leapfrogging petition into history" will be achieved.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D632.8

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