论我国公民申诉权法制保障研究
发布时间：2018-08-12 08:36
【摘要】：公民申诉权指的是申诉主体因其权益遭受公权力执行者的职务侵害,依法向法律规定的特定机关提出撤销、变更原处理决定,或责令改正、恢复原貌并赔偿损失的权利。公民申诉制度的产生是行政权力不断扩张,行政救济渠道多元化的产物。其实质是公民私权利对抗行政公权力。自1809年瑞典首开以监察专员的形式受理公民申诉的先河以来,申诉救济行政相对人权利、有效监督并抑制公权力扩张的功效逐渐为世界各国认可并接受。我国宪法第41条虽然对公民申诉权有所规定,但由于没有单独的公民申诉及申诉权行使方面的立法,致使申诉只能在公务员、教师等少数群体中得到有效实践,且因为宪法中的规定较为笼统,上述群体在进行申诉实践的过程中也往往因为缺少具体程序的保护而举步维艰,而其他公民的申诉权行使起来则更为艰辛。有鉴于此,笔者综合域外公民申诉及申诉权保障制度的相关理论经验,结合我国特殊国情,以我国公民申诉的历史发展为脉络,以构建社会主义法治化和谐社会为背景,站在宪法原则与行政法治的平台上,从权利救济与权力制约的角度出发,对我国公民申诉及申诉权保障重新进行法律定位,继而提出对我国公民申诉权保障制度的理想建构。 本文分为四章:第一章对本文的主要研究内容和研究方法进行简单的介绍。第二章首先界定了申诉的概念及其种类,然后在分析、综合学术界关于公民申诉概念的基础上,对公民申诉权的概念进行重新界定。并以史实为依据,指明公民申诉权及申诉权保障在我国法治化进程中的重要作用。第三章指出了我国公民申诉权保障所面临的双重困境,并结合理论与实践经验从不同角度阐释与分析申诉权保障所面临的困境及其成因。第四章是本文的重点,在对公民申诉权进行定位后,综合我国目前申诉权保障所面临的困境及困境产生的原因,从公民申诉权保障的模式选择、基本原则、时代要求出发,对构建具体的申诉权保障制度提出建议,希望能对我国的申诉制度立法提供理论支撑,并指导我国的申诉制度实践。
[Abstract]:Citizen's right of complaint refers to the right of the subject of appeal to be infringed upon by the executor of public power because of his rights and interests, to put forward the revocation to the specific organ stipulated by law, to change the original disposition decision, or to order the right to correct, restore the original appearance and compensate for the loss according to law. The emergence of citizen appeal system is the result of the expansion of administrative power and the diversification of administrative relief channels. Its essence is the private rights of citizens against the administrative public power. Since Sweden first accepted citizens' complaints in the form of ombudsman in 1809, the effect of relief of administrative rights, effective supervision and suppression of the expansion of public power has gradually been recognized and accepted by countries all over the world. Article 41 of our Constitution provides for the right of citizens to appeal, but because there is no separate legislation on civil complaints and the exercise of the right to appeal, complaints can only be effectively practiced in civil servants, teachers and other minority groups. And because of the general provisions of the Constitution, the above groups in the process of complaint practice are often difficult because of the lack of specific procedures to protect, and other citizens to exercise the right of appeal is more difficult. In view of this, the author synthesizes the relevant theoretical experience of the system of citizens' appeal and the right of appeal, combining with the special situation of our country, taking the historical development of our country's citizen appeal as the context, taking the construction of the socialist legalized harmonious society as the background. Standing on the platform of constitutional principle and administrative rule of law, from the angle of right relief and power restriction, this paper redefines the legal position of our country's citizen's appeal and right of appeal, and then puts forward the ideal construction of our country's citizen's right of appeal guarantee system. This paper is divided into four chapters: the first chapter introduces the main research contents and research methods. The second chapter firstly defines the concept and types of appeal, then redefines the concept of citizen's right of appeal on the basis of analyzing and synthesizing the concept of citizen's appeal in academic circles. On the basis of historical facts, the author points out the important role of citizen's right of appeal and its guarantee in the process of ruling by law in our country. The third chapter points out the double dilemma of the protection of the right of appeal in our country, and explains and analyzes the dilemma and the causes of the protection of the right of appeal from different angles combined with the theory and practical experience. The fourth chapter is the focal point of this paper, after positioning the citizen's right of appeal, synthesizing the predicament and the reason of the predicament that our country is facing at present, starting from the mode choice, basic principle, times request of the citizen's right of appeal protection. This paper puts forward some suggestions on the construction of a specific system of safeguarding the right to appeal, hoping to provide theoretical support for the legislation of the appeal system in our country and to guide the practice of the appeal system in our country.
【学位授予单位】：东北师范大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.1
本文编号：2178520
[Abstract]:Citizen's right of complaint refers to the right of the subject of appeal to be infringed upon by the executor of public power because of his rights and interests, to put forward the revocation to the specific organ stipulated by law, to change the original disposition decision, or to order the right to correct, restore the original appearance and compensate for the loss according to law. The emergence of citizen appeal system is the result of the expansion of administrative power and the diversification of administrative relief channels. Its essence is the private rights of citizens against the administrative public power. Since Sweden first accepted citizens' complaints in the form of ombudsman in 1809, the effect of relief of administrative rights, effective supervision and suppression of the expansion of public power has gradually been recognized and accepted by countries all over the world. Article 41 of our Constitution provides for the right of citizens to appeal, but because there is no separate legislation on civil complaints and the exercise of the right to appeal, complaints can only be effectively practiced in civil servants, teachers and other minority groups. And because of the general provisions of the Constitution, the above groups in the process of complaint practice are often difficult because of the lack of specific procedures to protect, and other citizens to exercise the right of appeal is more difficult. In view of this, the author synthesizes the relevant theoretical experience of the system of citizens' appeal and the right of appeal, combining with the special situation of our country, taking the historical development of our country's citizen appeal as the context, taking the construction of the socialist legalized harmonious society as the background. Standing on the platform of constitutional principle and administrative rule of law, from the angle of right relief and power restriction, this paper redefines the legal position of our country's citizen's appeal and right of appeal, and then puts forward the ideal construction of our country's citizen's right of appeal guarantee system. This paper is divided into four chapters: the first chapter introduces the main research contents and research methods. The second chapter firstly defines the concept and types of appeal, then redefines the concept of citizen's right of appeal on the basis of analyzing and synthesizing the concept of citizen's appeal in academic circles. On the basis of historical facts, the author points out the important role of citizen's right of appeal and its guarantee in the process of ruling by law in our country. The third chapter points out the double dilemma of the protection of the right of appeal in our country, and explains and analyzes the dilemma and the causes of the protection of the right of appeal from different angles combined with the theory and practical experience. The fourth chapter is the focal point of this paper, after positioning the citizen's right of appeal, synthesizing the predicament and the reason of the predicament that our country is facing at present, starting from the mode choice, basic principle, times request of the citizen's right of appeal protection. This paper puts forward some suggestions on the construction of a specific system of safeguarding the right to appeal, hoping to provide theoretical support for the legislation of the appeal system in our country and to guide the practice of the appeal system in our country.
【学位授予单位】：东北师范大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.1
【参考文献】
相关期刊论文 前7条
1 季卫东;程序比较论[J];比较法研究;1993年01期
2 金国坤;;论公民控告、检举、申诉权的实施[J];法学杂志;1987年02期
3 胡玉鸿;“以权利制约权力”辨[J];法学;2000年09期
4 范履冰;阮李全;;论学生申诉权[J];高等教育研究;2006年04期
5 应星;作为特殊行政救济的信访救济[J];法学研究;2004年03期
6 王学军;;信访工作六大理念与信访模式七大转变[J];秘书之友;2007年04期
7 郭道晖;论国家权力与社会权力──从人民与人大的法权关系谈起[J];法制与社会发展;1995年02期
相关重要报纸文章 前1条
1 姜明安;[N];法制日报;2004年
相关硕士学位论文 前1条
1 陈民强;对我国人权立法与人权保障的思考[D];福建师范大学;2006年
，本文编号：2178520
本文链接：https://www.wllwen.com/shekelunwen/minzhuminquanlunwen/2178520.html
