农村行政信访法治化出路研究

发布时间：2018-05-28 00:23

本文选题：农村 + 行政信访　；参考：《华东政法大学》2010年硕士论文

【摘要】：信访是来信来访的简称。农村行政信访是国家在特殊时期设立的辅助性纠纷解决机制,是在建设中国特色的社会主义道路中,处理公共权力与广大农村民众关系的一种方式,其在政治参与与权利救济两方面发挥了重要的作用,但是也存在不少的问题。解决农村行政信访中问题的出路在于将行政信访与法治相结合,走农村行政信访法治化道路。本文第一部分简单阐述了农村行政信访的基本概念,分析了农村行政信访的基本功能,并提出了农村行政信访法治化问题。本文第二部分着重分析了农村行政信访现状及法治化过程中面临的问题。通过对浙江省上虞市农村行政信访的实地调查,全面分析了农村行政信访总量依然居高不下、越级上访形势严峻、信访内容日趋丰富、信访解决难度增大四个现状特征。并透过现象查找本质,认为造成当前信访法治化问题严重的原因主要存在三个方面,一是制度层面,主要是执法不到位,导致信访制度的实施效果不理想;二是农村行政信访的主体之一农民问题,客观上是农民利益表达途径不畅,也有农民弃法信访的主观原因;三是农村行政信访的另一主体行政机关,也存在许多自身不足,如乡镇信访办责重权轻、基层调处不力、信访工作人员对信访工作不重视、信访工作人员素质不高和队伍不稳定等问题。找到了原因,就要对症下药。本文第三部分以第二部分的问题分析为基础,对现在农村信访非法治化现象提出了相应的解决对策。笔者认为,首先要完善机制,强化执法力度,保障信访制度的贯彻落实,着力解决执行不到位的问题。其次,为了解决目前农村信访错位的问题,必须加强法制大环境建设,扩大诉讼的权利救济功能,积极发挥司法机关的主导作用,以进一步弱化信访的权利救济功能,逐步恢复信访政治参与的主要功能,即反映问题、提出意见和建议。对于农民,要大力加强法制宣传和教育,使其懂法、守法,依法上访;而加快新农村建设,特别是加强村级基层组织建设,就能从源头上减少信访矛盾和纠纷的发生。另外,由于乡镇信访办责重权轻,许多问题根本无法解决,因此必须提高乡镇信访办的地位,赋予其更多的权力,为此,笔者借鉴国外申诉专员制度的成功经验,提出了以乡镇人大为主导的信访模式,通过构建新的机制,来解决目前乡镇信访办责重权轻的问题。随着法治化进程的加快,可以相信,通过我们的努力,将逐步走出一条农村行政信访的法治化道路。
[Abstract]:Letters and visits are short for letters and visits. Rural administrative petition is an auxiliary dispute resolution mechanism established by the state in a special period. It is also a way to deal with the relationship between public power and rural people in the course of building socialism with Chinese characteristics. It plays an important role in political participation and right relief, but there are still many problems. The solution to the problem lies in the combination of administrative petition and rule of law, and the rule of law in rural administrative petition. The first part of this paper briefly expounds the basic concept of rural administrative letters and visits, analyzes the basic functions of rural administrative letters and visits, and puts forward the issue of the legalization of rural administrative letters and visits. The second part of this paper focuses on the analysis of the status quo of rural administrative petition and the problems faced in the process of ruling by law. Through the field investigation of the rural administrative letters and visits in Shangyu City, Zhejiang Province, the paper comprehensively analyzes the four characteristics of the present situation: the total amount of the rural administrative letters and visits is still high, the situation of petition and petition leapfrogging is severe, the contents of the letters and visits are increasingly abundant, and the difficulty of resolving the letters and visits increases. And through the phenomenon to find out the essence, think that there are three main reasons that cause the serious problem of legalization of letters and visits, one is the system level, mainly law enforcement is not in place, resulting in the implementation of the petition system is not ideal; Second, the issue of peasants, one of the main bodies of rural administrative petitions and visits, is objectively due to the poor expression of farmers' interests and the subjective reasons for peasants to abandon the law. Third, the other main administrative organ of rural administrative letters and visits also has many shortcomings of its own. For example, the township office of letters and visits pays less attention to the responsibility and power, the basic level of mediation is weak, the staff of letters and visits do not attach importance to the work of letters and visits, the quality of the staff of letters and visits is not high and the ranks are unstable, and so on. If you find the cause, you must prescribe the right medicine. In the third part, based on the problem analysis of the second part, the author puts forward the corresponding countermeasures to the phenomenon of non-legalization of petition and visit in rural areas. The author thinks that first of all, we should perfect the mechanism, strengthen the law enforcement, guarantee the implementation of the letter and visit system, and solve the problem that the execution is not in place. Secondly, in order to solve the problem of mismatch of petition and visit in rural areas, we must strengthen the construction of legal environment, expand the function of right relief of litigation, and actively exert the leading role of judicial organs in order to further weaken the right relief function of letters and visits. Gradually restore the main function of political participation in letters and visits, that is, reflect problems, put forward opinions and suggestions. For farmers, we should vigorously strengthen publicity and education on the legal system, make them understand the law, abide by the law, and petition according to law; and speeding up the construction of new rural areas, especially the building of grass-roots organizations at the village level, can reduce the occurrence of conflicts and disputes between letters and visits at the source. In addition, many problems can not be solved because the responsibility of the township office of letters and visits is less than the responsibility. Therefore, it is necessary to improve the status of the township office of letters and visits and endow it with more power. Therefore, the author draws lessons from the successful experience of the Ombudsman system of foreign countries. This paper puts forward the mode of letters and visits dominated by the township people's Congress, and solves the problem of paying more attention to the responsibility of the township letters and visiting offices than to the power through the construction of a new mechanism. With the acceleration of the process of rule by law, we can believe that through our efforts, we will step by step out of a rural administrative petition of the rule of law road.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D632.8

【引证文献】