宜宾市田某某征地拆迁信访事件处置案例研究

发布时间：2018-02-25 10:19

本文关键词： 信访征地拆迁越级上访非正常上访　出处：《电子科技大学》2017年硕士论文　论文类型：学位论文

【摘要】：随着市场经济持续发展,我国的社会结构也有所更改,深层次的结构性矛盾也逐渐凸显,成为社会的热点难点,这些热点难点通过群众信访的方式予以呈现。构建和谐社会、社会主义的基础性工作就是信访工作,信访工作同时也是政府、党联系群众的枢纽,可通过该模式了解群众的诉求,但在信访工作中,也出现了一些不和谐的因素,严重影响了社会稳定。特别是近年来因城镇化进程引发的征地拆迁信访量占比很高,已成为最容易引发矛盾和冲突的领域。C区是宜宾市的政治、经济、文化中心,信访量占全市总量的50%以上,因征地拆迁引发的群众越级访和非正常上访量一直高位运行,给基层政府带来很大压力。对这类群体,虽然信访部门已按照《信访条例》在规定时间内依法依规作出信访处理意见并终结,但无法满足上访群众的要求,他们依然不停到省进京上访,以访施压牟利。妥善处置越级上访和非正常上访成为社会经济进一步发展的迫切需求。本文通过文献研究法、调查法、统计分析法等对宜宾市田某某因征地拆迁补偿安置问题自2007年至2014年多次连续上访案例进行研究,从法权和治权两个方面分析在整个处置过程中政府采用的方法、途径和面临的困难,得出结论是在信访和征地拆迁法律法规政策暂不完善的现阶段,只有坚持以人为本加强人文关怀,从情、理、法方面综合施策促使信访积案的化解。从长远来看,只有把信访纳入法治化轨道,用法治思维和法治方式才能真正破解越级上访和非正常上访难题。对此,提出四点建议。一是进行信访救助的同时实行信访救助公证制度。二是开展公开听证、评议工作,树立法治权威。三是减轻信访考核制度对基层的压力。四是加快信访立法。
[Abstract]:With the sustainable development of the market economy, the social structure of our country has also changed, and the deep structural contradictions have gradually become the hot spots and difficulties of the society. These hot and difficult points are presented by the way of the masses' letters and visits to build a harmonious society. The basic work of socialism is the work of letters and visits, which is also the hub for the government and the party to connect with the masses. Through this model, we can understand the demands of the masses, but in the work of letters and visits, there are also some disharmonious factors. It has seriously affected social stability. In particular, in recent years, because of the urbanization process, the number of land requisition and demolition letters and visits has been very high, and has become the most likely area of conflict and contradiction. Area .C is the political, economic and cultural center of Yibin City. The volume of letters and visits accounts for more than 50% of the total amount of the whole city. The volume of people's overstepping visits and abnormal petitions caused by land requisition and demolition has been running at a high level, which has brought great pressure to grass-roots governments. To this kind of groups, Although the petition and visiting departments have, in accordance with the "regulations on Letters and visits", within the prescribed time limit, made and concluded their opinions on handling letters and visits according to law and regulations, they are unable to meet the demands of the petitioners and petitioners, and they still keep coming to the provinces to petition in Beijing. It is an urgent need for the further development of social economy to properly handle the leapfrogging petition and abnormal petition for profit by using the pressure of visiting. From 2007 to 2014, several successive cases of land expropriation and relocation compensation and rehousing in Yibin City were studied, and the methods adopted by the government in the whole process of disposal were analyzed from the aspects of legal right and power of administration. The way and the difficulties we face, it is concluded that at the present stage when the laws, regulations and policies of petition and land requisition and demolition are not perfect, we can only adhere to the people-oriented and strengthen the humanistic care, from the point of view of the situation and reason, In the long run, only by bringing the petition and complaint into the track of rule of law and by using the rule of law thinking and by using the rule of law can we really solve the problem of leapfrogging petition and abnormal petition. In the long run, Four suggestions are put forward. One is to carry out the notarization system of petition and salvage at the same time, the second is to conduct public hearings, to evaluate the work and to establish the authority of the rule of law, the third is to lighten the pressure of the appraising system on the basic level, and the fourth is to speed up the legislation of petition and petition.
【学位授予单位】：电子科技大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D632.8

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