我国信访制度的法律思考

发布时间：2018-08-06 08:33

【摘要】： 信访制度是一项具有中国特色的政治法律制度,它在发挥积极作用的同时也产生了许多现实问题。分析信访制度存在的问题,探寻有效解决信访问题的路径,这在当今推动我国依法治国、构建和谐社会具有重要意义。本文认为解决当今信访制度存在的问题,就是将信访纳入法治的轨道,实现信访法治化。首先,对信访制度基本理论先予以概述。在阐释信访基本概念基础上,指出下文很多论证和分析仅仅选取《信访条例》和行政信访为着眼点,但这不影响文章的思考主题仍是立足于广义的信访制度。并指出信访制度既是一种补充救济制度也是一项民主政治制度。着重对信访制度的功能和当前信访制度的安排介绍分析。其次,分析我国信访制度存在的问题。从一组调查统计数字分析出当前信访面临困境,反映出信访制度存在问题。一是信访制度功能定位不准确；二是立法存在缺陷；三是执法过程存在问题。指出信访制度缺失造成的负面影响,因此,需要对信访制度进行改革完善,将信访纳入法治的轨道,实现信访法治化。最后,对行政信访制度完善方向提出了合理化建议。介绍了瑞典、英国、法国等国外行政监察专员制度,在借鉴其成功经验的基础上提出我国信访制度的完善建议。一是要正确定位信访功能；二是针对立法缺陷和执法不力的问题,提出相应的解决办法,如制定我国的信访法,设置信访机构及其体系,完善信访程序设置,加强责任追究等；三是加强信访制度外部法律、政治环境的协调。
[Abstract]:The petition system is a political and legal system with Chinese characteristics. It is of great significance to analyze the problems existing in the system of letters and visits and to explore the ways to solve them effectively, which is of great significance in promoting the rule of law and building a harmonious society in our country. In this paper, the author thinks that to solve the problems existing in the system of letters and visits, it is to bring them into the orbit of rule of law and to realize the legalization of letters and visits. First of all, the basic theory of petition system is first summarized. On the basis of explaining the basic concept of letters and visits, it is pointed out that many of the following argumentation and analysis only select the "letter and visit regulations" and administrative letters and visits as the starting point, but this does not affect the thinking theme of the article is still based on the broad system of letters and visits. It also points out that the petition system is not only a supplementary relief system but also a democratic political system. This paper mainly introduces and analyzes the function of petition system and the arrangement of current petition system. Secondly, it analyzes the problems existing in the system of letters and visits in China. From a group of investigation statistics, this paper analyzes the predicament of the present petition system, which reflects the problems existing in the letter and visit system. First, the function of petition system is inaccurate; second, there are defects in legislation; and third, there are problems in the process of law enforcement. This paper points out the negative influence caused by the absence of petition system, so it is necessary to reform and perfect the petition system, bring it into the orbit of rule of law, and realize the legalization of petition and petition. Finally, some reasonable suggestions are put forward to perfect the system of administrative letters and visits. This paper introduces the administrative supervisory system of Sweden, Britain, France and other foreign countries, and puts forward some suggestions to perfect the system of letters and visits in our country on the basis of its successful experience. The first is to correctly locate the function of letter and visit, the other is to put forward the corresponding solutions in view of the defects of legislation and the weak enforcement of the law, such as formulating the law of petition and visiting in our country, setting up the petition organization and its system, perfecting the setting of the procedure of petition and visiting, strengthening the investigation of responsibility, etc. Third, strengthen the coordination of external law and political environment of petition system.
【学位授予单位】：内蒙古大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D90;D632.8

【引证文献】