论法治背景下信访制度的完善
发布时间：2018-10-29 08:33
【摘要】：近年来,我们经常可以在各种媒体上看到这样的画面:人们带着对现实的不满和对上层权力的期盼,通过电话、书信和走访,不怕险难险阻地一步步寻求来自高层权威者的渺茫而又有可能的关注和帮助。可见,当人们的权益受到侵害时,常常将获取救济的希望寄托在信访之路上,信访也已经成为人们在生活中的一根重要的救命稻草,是一种很贴近人们生活的一种权利表达方式和纠纷解决途径。信访在现实中具有如此重要的地位,是我选择关注信访及信访制度的首要原因。 在本文第一章,笔者对信访制度进行一般性考察,包括对信访及信访制度的概念、性质、特征以及历史回眸进行阐述。信访及信访制度的内涵是讨论主题的逻辑起点。信访概念有广义和狭义之分,笔者倾向于狭义的信访概念,认为,信访是指公民、法人和其它组织采用走访或者书信、电子通信等形式,向各级人民政府以及县级以上人民政府工作部门反映利益诉求,或者对国家机关及其工作人员提出意见、建议、批评或投诉,依法由相应部门解决问题的活动。同时,根据对信访定义的理解,认为信访制度是指由各级国家机关设置专门的信访工作机构并配备专职信访工作人员,按照“分级负责,便民办理”的原则,处理人民群众的来信、来访、来电活动的一项基本制度。信访制度在我国存在的合理性分析是信访制度的核心问题之一,这体现在本文第二章当中。通过分析,首先,我们可以看到,信访制度之所以在我国法治背景下存在,一方面取决于它本身具有的其他制度无法替代的优势,另一方面还取决于社会存在着各种深层原因。此外,信访制度在实践当中还发挥着其他纠纷解决机制无法替代的功能。但是,任何制度的运行都不可避免会遇到一定的困难。毫无例外,信访制度在运行中也陷入了一定的困境。要摆脱当前所处的困境,就应采取适当措施完善信访制度制度。为此,在第三章,笔者在借鉴国外类似信访制度某些经验后,对如何完善我国信访制度提出了具体思考。 本文的创新之处在于,在第一章的信访制度概述部分,在对信访制度特征的概括上,从信访制度自身特征和功能性特征两大方面来归类说明了信访制度的特征,以便从理论和现实上更好的认识我国的信访制度的。在第二章,以哲学理论作为指导,将内因和外因相结合来进行信访制度在我国法治背景下存在的合理性分析。在第三章,我从多维角度来论述我国信访制度的现状和完善。特别是“将舆论监督与信访相结合”、“处理好信访制度与行政复议、行政诉讼的衔接”是笔者结合我国民主监督形式的发展以及几种权利救济途径的特点而提出的一些个人见解。不足之处在于,在内容方面,主要还是偏向借鉴学者先前的研究为主,以现有的理论探讨为基础来对信访及信访制度进行整理,缺乏对信访活动进行实地的调研,缺乏一定的案例和现实数据。
[Abstract]:In recent years, we can often see such a picture on a variety of media: people with dissatisfaction with reality and expectations of upper-level power, through telephone, letters and visits, are not afraid of the risk of risk and risk, seek the slim and possible attention and help from the high-level authority. It can be seen that when people's rights and interests are violated, the hope of getting relief is often placed on the way of letters and letters, and letters and letters have become an important life-saving straw in people's life. It is a kind of right expression and dispute resolution way close to people's life. Letters and visits have such an important position in reality, and it is the primary reason why I choose to pay attention to letters and letters. In the first chapter of this thesis, the author makes a general investigation on the system of letters and visits, including the concept, nature, character and history of letters and visits system. This paper expounds that the connotation of letters and visits system is the logic of discussing the subject matter. Starting point, the concept of letters and visits is broad and narrow, and the author tends to narrow the concept of letters and letters. In the opinion, letters and visits refer to the form of visits or letters, electronic communication and so on by citizens, legal persons and other organizations, and reflect the interests to the people's governments at all levels and the departments of the people's governments at or above the county level. To seek opinions, suggestions, criticisms or complaints against state organs and their staff, and solve problems by corresponding departments according to law Activities. At the same time, according to the understanding of the definition of letters and visits, the complaint reporting system refers to the establishment of specialized letters and visits by state organs at all levels and equipped with full-time letters and visits staff "In accordance with the grading responsibility, the people's people" To handle the principle of "handling people's letters, visits and incoming calls." The rationality analysis of complaint reporting system in China is one of the core issues of letter-and-complaint system, which is embodied in the second chapter of this thesis. Through the analysis, firstly, we can see that the complaint reporting system exists under the background of the rule of law in our country, on the one hand, it depends on the advantages of other systems which it has in itself, and on the other hand, it also depends on the existence of various deep layers in the society. In addition, the letter-and-appeal system also plays a role in other dispute settlement mechanism in practice and cannot be replaced However, the operation of any system will inevitably encounter some problems It's hard. The letter-and-go system is also stuck in the running. In order to get rid of the current predicament, we should take appropriate measures to perfect the letter-and-appeal system In the third chapter, the author puts forward some suggestions on how to perfect the letter-and-complaint system in China. The innovation of this paper is that in the first chapter of the letter-and-complaint system, in the summary of the characteristics of the letter-and-appeal system, the author classifies the letters and visits from two aspects: the characteristics of the letter-and-complaint system and the functional characteristics. The characteristics of the system in order to better understand our country from theory and reality. In the second chapter, the system of letters and visits is guided by the philosophy theory, and the internal and external factors are combined to make the letters and visits system exist under the background of the rule of law in our country. Rationality analysis. In chapter three, I discuss the system of letters and visits from multidimensional perspective. Status and Perfect. In particular, "will be the same as" letter The Combination of Interview, Handling Good Letters and Visits System and Administrative Reconsideration and Administration The connection of litigation is one of the characteristics of the development of the form of democratic supervision in our country and the characteristics of several rights relief ways There are some personal opinions. The deficiency lies in that, in the aspect of content, it mainly depends on the previous research of the scholars, and based on the existing theory discussion, to sort and sort the letters and letters system, and the lack of investigation on the field of letters and visits, and the lack of certain cases.
【学位授予单位】：中南民族大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D632.8
本文编号：2297177
[Abstract]:In recent years, we can often see such a picture on a variety of media: people with dissatisfaction with reality and expectations of upper-level power, through telephone, letters and visits, are not afraid of the risk of risk and risk, seek the slim and possible attention and help from the high-level authority. It can be seen that when people's rights and interests are violated, the hope of getting relief is often placed on the way of letters and letters, and letters and letters have become an important life-saving straw in people's life. It is a kind of right expression and dispute resolution way close to people's life. Letters and visits have such an important position in reality, and it is the primary reason why I choose to pay attention to letters and letters. In the first chapter of this thesis, the author makes a general investigation on the system of letters and visits, including the concept, nature, character and history of letters and visits system. This paper expounds that the connotation of letters and visits system is the logic of discussing the subject matter. Starting point, the concept of letters and visits is broad and narrow, and the author tends to narrow the concept of letters and letters. In the opinion, letters and visits refer to the form of visits or letters, electronic communication and so on by citizens, legal persons and other organizations, and reflect the interests to the people's governments at all levels and the departments of the people's governments at or above the county level. To seek opinions, suggestions, criticisms or complaints against state organs and their staff, and solve problems by corresponding departments according to law Activities. At the same time, according to the understanding of the definition of letters and visits, the complaint reporting system refers to the establishment of specialized letters and visits by state organs at all levels and equipped with full-time letters and visits staff "In accordance with the grading responsibility, the people's people" To handle the principle of "handling people's letters, visits and incoming calls." The rationality analysis of complaint reporting system in China is one of the core issues of letter-and-complaint system, which is embodied in the second chapter of this thesis. Through the analysis, firstly, we can see that the complaint reporting system exists under the background of the rule of law in our country, on the one hand, it depends on the advantages of other systems which it has in itself, and on the other hand, it also depends on the existence of various deep layers in the society. In addition, the letter-and-appeal system also plays a role in other dispute settlement mechanism in practice and cannot be replaced However, the operation of any system will inevitably encounter some problems It's hard. The letter-and-go system is also stuck in the running. In order to get rid of the current predicament, we should take appropriate measures to perfect the letter-and-appeal system In the third chapter, the author puts forward some suggestions on how to perfect the letter-and-complaint system in China. The innovation of this paper is that in the first chapter of the letter-and-complaint system, in the summary of the characteristics of the letter-and-appeal system, the author classifies the letters and visits from two aspects: the characteristics of the letter-and-complaint system and the functional characteristics. The characteristics of the system in order to better understand our country from theory and reality. In the second chapter, the system of letters and visits is guided by the philosophy theory, and the internal and external factors are combined to make the letters and visits system exist under the background of the rule of law in our country. Rationality analysis. In chapter three, I discuss the system of letters and visits from multidimensional perspective. Status and Perfect. In particular, "will be the same as" letter The Combination of Interview, Handling Good Letters and Visits System and Administrative Reconsideration and Administration The connection of litigation is one of the characteristics of the development of the form of democratic supervision in our country and the characteristics of several rights relief ways There are some personal opinions. The deficiency lies in that, in the aspect of content, it mainly depends on the previous research of the scholars, and based on the existing theory discussion, to sort and sort the letters and letters system, and the lack of investigation on the field of letters and visits, and the lack of certain cases.
【学位授予单位】：中南民族大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D632.8
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