涉诉信访工作机制存在的问题和对策

发布时间：2018-09-07 07:08

【摘要】：“涉诉信访”不是来源于学术上的专门术语,而是工作实践中的产物。随着经济发展和社会进步,我国正在由传统社会向现代社会转型,各种利益冲突加剧和社会矛盾增多导致我国涉诉信访问题凸显。当前既不可能彻底地废除涉诉信访制度,同时也不宜按照西方法治的模式建立功能上可替代的其他制度。面对日益严重的信访形势和信访大军,为了消减直至根除对人民法院发展的不利影响,我们必须进一步改革完善现行涉诉信访工作机制,使其尽可能地与法治社会建设相协调,纳入到中国特色社会主义司法运行机制中来。本文共分为三个部分。第一部论述涉诉信访工作机制的运行现状。首先界定涉诉信访的概念。把其概念界定为:人民法院已经受理或应当受理,或者是正在由人民法院审判或执行的案件中,当事人或其利害关系人对人民法院的司法行为或者作出的生效裁判,提出申诉、再审申请;或者提出其他与审理和执行案件相关的问题和事项,包括检举或投诉人民法院及其工作人员的不当或违法乱纪行为、进行法律咨询或是寻求法律援助、对相关司法问题提出意见和表达自身看法等依法应当由人民法院处理的活动。其次,论述了涉诉信访工作机制当前问题呈现的“受理机关多头化、办理程序行政化、考核机制片面化”三大特点。第三,对涉诉信访近年来的数据进行分析。主要是通过引用一些统计数据和案例得出结论。第四,论述涉诉信访工作机制对人民法院发展的消极影响。主要是:对审判工作(包括案件受理、审判质量、诉讼效率)的影响;对法官队伍(包括审判观念、心理素质、职业操守)的影响;对法院形象的影响以及对司法指导思想的影响。指出当前各个机关单位无不是闻“访”色变,法院上下和其他部门一样,对于沉重的信访负担有一种类似于惧怕的心态。大部分法官一方面要面对日益繁重的审判工作任务,另一方面还要时刻面对日益严重的信访形势,心理所承受的压力愈来愈重。尤其是有些信访案件迫于种种压力多次进行再审,给法院裁判的严肃性和权威性产生了直接挑战,影响了法院裁判结果的严肃性和权威性,一旦敏感信访事项见诸报端、网络、论坛,就会引起社会各界的广泛关注和频繁讨论,人民法院的公正、权威形象会受到多方质疑和诟病。第二部分对目前涉诉信访工作机制出现困境的原因进行了分析。主要从五个方面进行论述:信访机构的设置缺少统一性和协调性。由于国家各级机关分工和职能不同,国家机关内设信访部门相互之间没有行政上的隶属上的关系,所以我国在信访机构的设置横向和纵向上分散;人民法院的信访机构职能和权力相对比较弱化,在一定程度上解决和处理上访人民群众问题的办法和能力相对有限;人民群众“信访”不“信法”的历史传统,受“进京告御状、拦轿鸣冤、击鼓鸣冤”等经典故事的影响,老百姓在自认为有理的情况下败诉,就盼望找到“包青天”似的人物帮助其“申冤”;司法的权威性和公信力不够;信访制度在程序设计上存在缺失等。第三个部分是对改革涉诉信访工作机制的对策研究。主要分为:增强信访机构的权力,赋予必要的职能;健全司法调解、人民调解、行政调解“三位一体”多元化协调机制;加强法官队伍建设,从源头上遏制涉诉信访;建立独立的司法权运行机制,确保人民法院依法、独立、公正、高效、权威地行使审判权和执行权;逐步完善与新形势发展相适应的信访案件化解处理机制。其中提到要进一步优化司法职权的配置工作,完善司法权力分工负责、互相配合、彼此制约的机制,进一步强化和规范对司法活动的各项监督。对人民法院各业务庭室的职责权限以及它们之间的关系进行适当的调整,创新职责清晰、分工合理、协调有序、监督到位的司法权运行机制,使人民法院在审判或执行各类案件时能够做到分工负责、互相配合,准确高效地适用法律。同时重点阐述了健全涉诉信访案件终结机制。信访人反映的合理诉求被依法解决到位,按照一定程序被认定达到终结的标准后,相关部门就不再进行受理。终结机制的建立和完善,可以有效扭转和改善部分信访案件重访、重交、重办的不良局面。结束语是对论文的观点进行总结和归纳。按照“发现涉诉信访机制存在的问题-分析目前出现问题的原因-提出解决困境的对策”的写作思路,得出涉诉信访制度改革要立足当前,首先在强化信访部门职能上下功夫,在解决当前突出问题上见实效。同时提出也要着眼长远,逐步使信访机制改革创新的过程成为人民法院倾听人民群众意见、合理解决当事人诉求、着力改善民生、努力化解纷争的过程。涉诉信访问题最终还是要通过法官素质和司法水平的逐步提升来解决。人民法院只有立足于审判职能作用的充分发挥,防范和减少社会矛盾的发生,才能最大限度地维护社会和谐稳定。
[Abstract]:With the economic development and social progress, China is transforming from a traditional society to a modern society. The intensification of various conflicts of interest and the increase of social contradictions have led to the prominence of complaint-related letters and visits in China. At present, it is impossible to completely abolish complaint-related letters and visits. Facing the increasingly serious situation of letters and visits and the army of letters and visits, in order to eliminate and eradicate the adverse effects on the development of the people's courts, we must further reform and improve the existing mechanism of complaints and visits, so as to make it as possible to build a society under the rule of law. This article is divided into three parts. The first part discusses the current operation of the mechanism of complaint and petition involving litigation. Firstly, the concept of complaint and petition involving litigation is defined. The concept is defined as: the people's court has accepted or should accept, or is being tried or executed by the people's court. In a case, the party concerned or his interested party lodges a complaint against the judicial act of the people's court or the effective judgment rendered by the people's court, applies for retrial; or puts forward other issues and matters related to the trial and execution of the case, including prosecuting or complaining against the people's court and its staff for improper or illegal and disorderly conduct, conducting legal consultation or Seeking legal aid, expressing opinions and opinions on relevant judicial issues and other activities that should be handled by the people's court according to law. Secondly, this paper discusses the three characteristics of the current problems in the complaint-related complaint and visit mechanism, namely, multi-accepting organs, administrative procedures and one-sided assessment mechanism. Fourth, it discusses the negative influence of complaint and visit mechanism on the development of people's courts. It mainly includes the influence on trial work (including case acceptance, trial quality, litigation efficiency) and the influence on the judges (including trial concept, psychological quality, professional ethics). It is pointed out that all the organs and units of the court, like other departments, have a similar fear of the heavy burden of petition. On the one hand, most judges have to face the increasingly onerous task of trial, on the other hand. Faced with the increasingly serious situation of petition, psychological pressure is becoming more and more heavy. Especially, some petition cases are forced to retrial many times under various pressures, which directly challenges the seriousness and authority of the court's judgment and affects the seriousness and authority of the court's judgment results. Once sensitive petition matters are reported in the press The second part analyzes the reasons for the dilemma of the present litigation-related petition mechanism. It mainly discusses from five aspects: the lack of unity and coordination in the establishment of the petition mechanism. Because of the different division of labor and functions of the state organs at all levels, there is no administrative subordinate relationship between the letters and visits departments in the state organs, so the establishment of the letters and visits institutions in China is dispersed horizontally and vertically; the functions and powers of the people's court's letters and visits institutions are relatively weakened, and to a certain extent, the appeals to the people are solved and handled. The method and ability of the problem are relatively limited; the historical tradition of people's "letters and visits" not "law-abiding" is influenced by classical stories such as "complaining to the court when entering Beijing, arresting the sedan chair to complain, beating drums to complain about wrongs". The people, when they think it is reasonable to lose the lawsuit, look forward to finding "Bao Qingtian" like people to help them "claim wrongs"; the authority of the judiciary and justice. The third part is the countermeasure research on the reform of the working mechanism of complaint and visit involving litigation.It mainly divides into: strengthening the power of the complaint and visit organization, giving the necessary functions; improving the judicial mediation, people's mediation, administrative mediation "trinity" diversified coordination mechanism; strengthening the construction of the judge team. Establish an independent judicial power operation mechanism to ensure that the people's courts exercise their judicial and executive powers in accordance with the law, independently, impartially, efficiently and authoritatively; gradually improve the resolution and handling mechanism of petition cases in line with the development of the new situation. We should further strengthen and standardize the supervision over judicial activities through the mechanism of division of powers and responsibilities, coordination and mutual restraint. We should adjust appropriately the functions and powers of the various business courtrooms of the People's Court and the relationship between them so as to create a clear, rational division of responsibilities, coordinate and order the judicial power operation mechanism in place, so as to make the People's Law more effective. At the same time, it emphasizes the perfection of the termination mechanism of complaints and visits involving litigation. The reasonable appeals reflected by the petitioners are settled in accordance with the law, and the relevant departments will no longer accept the cases after they are determined to reach the termination standard according to certain procedures. The conclusion is to sum up and summarize the viewpoints of the paper. According to the writing train of thought of "discovering the problems in the mechanism of complaints and visits - analyzing the causes of the problems at present - putting forward the countermeasures to solve the difficulties" The reform of the complaint-related petition system should be based on the current situation, first of all, we should make great efforts to strengthen the functions of the petition departments and achieve practical results in solving the outstanding problems at present. At the same time, we should also focus on the long-term and gradually make the process of reform and innovation of the petition mechanism become the people's court to listen to the opinions of the people, reasonably solve the demands of the parties, strive to improve the people's livelihood, and strive Only by giving full play to the role of the judicial function and preventing and reducing the occurrence of social contradictions can the people's court maintain social harmony and stability to the maximum extent.
【学位授予单位】：河北师范大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D632.8

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