我国涉诉信访制度之探讨
发布时间：2018-09-04 13:45
【摘要】：涉诉信访可谓自古有之,但由于社会政治体制、文化、经济和法律等制度的差异,在当时产生的社会效应并没有危及到司法的公信和权威。然而,随着国家日益开放,法律制度更新换代,传统的法律观并不能为现代化的法律制度提供良好的培植土壤,现有的纠纷解决机制无法超越原有的社会纠纷解决方式的稳定性,民众则不愿选择高成本、耗精力的司法程序,而是选择具有传统纠纷解决气息的信访,尤其表现为涉及公权力执法和当事人生命财产安全等重大问题的刑事涉诉信访。涉诉信访现象在我国司法实践中日益泛滥,如山洪爆发般损害司法权威的当下,反思涉诉信访制度产生的根源、存在合理性以及涉诉信访在司法程序内实现依法终结的路径设计已是刻不容缓。本文从国内涉诉信访现状,涉诉信访制度形成的原因,涉诉信访制度现实批判等方面进行了阐述,并提出了涉诉信访问题依法终结的合理路径设计。
[Abstract]:It can be said that the petition has existed since ancient times, but due to the differences of social and political system, culture, economy and law, the social effect did not endanger the public trust and authority of the judicature at that time. However, with the opening up of the country and the renewal of the legal system, the traditional view of law cannot provide a good soil for the modernization of the legal system. The existing dispute resolution mechanism is unable to exceed the stability of the original social dispute resolution method, and the public is unwilling to choose the high cost and energy consuming judicial procedure, but rather to choose the letter and visit with the traditional dispute resolution flavor. Especially, it is related to the law enforcement of public power and the safety of life and property of the parties. The phenomenon of litigant letters and visits is becoming more and more widespread in our country's judicial practice. At present, when the judicial authority is damaged by flash floods, the origin of the system of complaint letters and visits is reconsidered. The rationality of existence and the design of the path of realizing the legal end in the judicial procedure are urgent. This paper expounds the present situation of complaint petition in China, the causes of its formation, and the realistic criticism of the system, and puts forward a reasonable way to end the problem of petition according to law.
【学位授予单位】：南昌大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D925;D632.8
本文编号：2222277
[Abstract]:It can be said that the petition has existed since ancient times, but due to the differences of social and political system, culture, economy and law, the social effect did not endanger the public trust and authority of the judicature at that time. However, with the opening up of the country and the renewal of the legal system, the traditional view of law cannot provide a good soil for the modernization of the legal system. The existing dispute resolution mechanism is unable to exceed the stability of the original social dispute resolution method, and the public is unwilling to choose the high cost and energy consuming judicial procedure, but rather to choose the letter and visit with the traditional dispute resolution flavor. Especially, it is related to the law enforcement of public power and the safety of life and property of the parties. The phenomenon of litigant letters and visits is becoming more and more widespread in our country's judicial practice. At present, when the judicial authority is damaged by flash floods, the origin of the system of complaint letters and visits is reconsidered. The rationality of existence and the design of the path of realizing the legal end in the judicial procedure are urgent. This paper expounds the present situation of complaint petition in China, the causes of its formation, and the realistic criticism of the system, and puts forward a reasonable way to end the problem of petition according to law.
【学位授予单位】：南昌大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D925;D632.8
【参考文献】
相关期刊论文 前1条
1 于建嵘;中国信访制度批判[J];中国改革;2005年02期
，本文编号：2222277
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