信访在法治中国的出路
发布时间：2019-03-07 12:27
【摘要】：信访制度作为公民政治参与、纠纷解决、权利救济的一种特殊手段,在我国有着悠久的历史渊源和深厚的社会根基。实践证明,它在化解矛盾、稳定秩序方面发挥了重要作用。但是,近年来信访大潮不断,实践中暴露出的各种问题甚至引发了制度存废的讨论。笔者基于兴趣,选取信访作为硕士学位论文的主题。对制度设计和实际操作中的各种现象进行梳理,试图寻找问题背后的原因,并在法治中国的背景下为信访找到一条可行的出路。 本文共分五章。 第一章为“信访”简述。以简练的语言介绍了信访的含义、特征,并对文章中“信访”与“上访”的区分和词汇使用等进行了交待。另外,大体介绍了建党以来“信访”制度的发展历程。 第二章为信访活动的制度现状。通过对宪法第41条、新旧《信访条例》对照以及与信访有关的各类规范性文件的归纳,笔者试图描摹出在法律、法规和政策层面信访制度的应然状态。 第三章为信访实践中的问题。笔者将信访博弈的参与者划分为信访人、“上层信访机关”和“下层行政机关”三个利益群体。通过对上述三者的考察,找出信访实践中实然存在的各种弊病和不足。 第四章为信访体制弊病的成因。通过对国家政策的宏观分析,从上层着手、从源头着手,剖析现象背后的原因。比如中央“维稳”压力在信访中的体现,将信访与地方政绩考核挂钩的政策,司法、行政复议等纠纷解决主渠道不畅引发的后果,历史中直诉制度的传统和影响等。 第五章为具体改革方案。在对信访强化论、弱化论、折中论进行介绍后,笔者表明了自己的观点——暂时保留并有意弱化。之后,笔者建议从对司法进行适当调整,冲破“维稳”与政绩的桎梏,使信访与其他渠道有效衔接,规范信访终结制度、回访制度,加强信访人的法治意识、法律理性,注重问题在基层的解决等六个方面进行改进,共同为信访打造一个更加良好的环境。
[Abstract]:As a special means of civil political participation, dispute resolution and right relief, the system of letters and visits has a long history and profound social foundation in our country. Practice has proved that it plays an important role in resolving contradictions and stabilizing order. However, in recent years, the flood of letters and visits, the problems exposed in practice even led to the discussion of the system. On the basis of interest, the author chooses letters and visits as the theme of master's degree thesis. In order to find out the reasons behind the problems and find a feasible way out for letters and visits under the background of rule of law, the author tries to sort out the various phenomena in the system design and practical operation. This paper is divided into five chapters. The first chapter is a brief introduction of "letter and visit". This paper introduces the meaning and characteristics of letters and visits in a concise language, and explains the distinction between "letters and visits" and "petitions" in the article, as well as the use of vocabulary. In addition, it introduces the development process of the "letter and visit" system since the founding of the Party. The second chapter is the current situation of the system of letter and visit activities. Through the comparison of Article 41 of the Constitution, the new and old regulations on letters and visits, and the induction of all kinds of normative documents related to letters and visits, the author tries to describe the desirable state of the letter and visit system on the legal, regulatory and policy levels. The third chapter is about the problems in the practice of letters and visits. The author divides the participants in the game of letters and visits into three interest groups: the petitioner, the upper-level petition agency and the lower-level administrative organ. Through the investigation of the above three, the author finds out all kinds of defects and deficiencies in the practice of letters and visits. The fourth chapter is the cause of the malaise of the letter and visit system. Through the macro-analysis of the national policy, starting from the upper layer, starting from the source, the reasons behind the phenomenon are analyzed. For example, the central government's pressure of "maintaining stability" in letters and visits, the policy of linking letters and visits to the assessment of local political achievements, the consequences of the failure of the main channels for dispute resolution, such as judicial and administrative reconsideration, the tradition and influence of the direct appeal system in history, and so on. The fifth chapter is the concrete reform plan. After introducing the strengthening theory, the weakening theory and the compromise theory of letters and visits, the author makes his own point of view-temporary retention and intentional weakening. After that, the author suggests that the judicial system should be properly adjusted to break through the shackles of "maintaining stability" and political achievements, so that letters and visits can be effectively linked with other channels, the end system of letters and visits should be standardized, the system of return visits, and the awareness of the rule of law and the legal rationality of petitioners should be strengthened. Pay attention to solve the problems at the grass-roots level in six aspects to improve, together to create a better environment for letters and visits.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D632.8
本文编号：2436117
[Abstract]:As a special means of civil political participation, dispute resolution and right relief, the system of letters and visits has a long history and profound social foundation in our country. Practice has proved that it plays an important role in resolving contradictions and stabilizing order. However, in recent years, the flood of letters and visits, the problems exposed in practice even led to the discussion of the system. On the basis of interest, the author chooses letters and visits as the theme of master's degree thesis. In order to find out the reasons behind the problems and find a feasible way out for letters and visits under the background of rule of law, the author tries to sort out the various phenomena in the system design and practical operation. This paper is divided into five chapters. The first chapter is a brief introduction of "letter and visit". This paper introduces the meaning and characteristics of letters and visits in a concise language, and explains the distinction between "letters and visits" and "petitions" in the article, as well as the use of vocabulary. In addition, it introduces the development process of the "letter and visit" system since the founding of the Party. The second chapter is the current situation of the system of letter and visit activities. Through the comparison of Article 41 of the Constitution, the new and old regulations on letters and visits, and the induction of all kinds of normative documents related to letters and visits, the author tries to describe the desirable state of the letter and visit system on the legal, regulatory and policy levels. The third chapter is about the problems in the practice of letters and visits. The author divides the participants in the game of letters and visits into three interest groups: the petitioner, the upper-level petition agency and the lower-level administrative organ. Through the investigation of the above three, the author finds out all kinds of defects and deficiencies in the practice of letters and visits. The fourth chapter is the cause of the malaise of the letter and visit system. Through the macro-analysis of the national policy, starting from the upper layer, starting from the source, the reasons behind the phenomenon are analyzed. For example, the central government's pressure of "maintaining stability" in letters and visits, the policy of linking letters and visits to the assessment of local political achievements, the consequences of the failure of the main channels for dispute resolution, such as judicial and administrative reconsideration, the tradition and influence of the direct appeal system in history, and so on. The fifth chapter is the concrete reform plan. After introducing the strengthening theory, the weakening theory and the compromise theory of letters and visits, the author makes his own point of view-temporary retention and intentional weakening. After that, the author suggests that the judicial system should be properly adjusted to break through the shackles of "maintaining stability" and political achievements, so that letters and visits can be effectively linked with other channels, the end system of letters and visits should be standardized, the system of return visits, and the awareness of the rule of law and the legal rationality of petitioners should be strengthened. Pay attention to solve the problems at the grass-roots level in six aspects to improve, together to create a better environment for letters and visits.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D632.8
【引证文献】
相关硕士学位论文 前1条
1 谷立国;我国社会转型期信访制度的困境与改革[D];黑龙江省社会科学院;2012年
，本文编号：2436117
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