行政信访和解协议法律问题研究

发布时间：2018-09-11 18:40

【摘要】：信访制度是一种具有中国特色的政治参与和权利救济的政治制度,信访制度的不断发展,对于缓和社会矛盾和维护社会稳定发挥了重要的作用。信访和解协议作为解决群众信访问题的一种途径,在解决群众信访问题中也发挥了重要的作用。随着我国改革开放的不断深入发展,社会发展进入新的形势,各种矛盾不断累积叠加凸显出来,纷纷涌入信访渠道,严重影响到了社会的稳定,并且使信访工作陷入困境。如何运用好信访和解协议制度对于解决信访问题有着重要的意义。然而在实际当中对于信访和解协议制度并没有明确的法律规定,学界也没有统一的观点,信访和解协议本身也存在较多问题。本文拟从信访和解协议的案例出发对于实际当中信访和解协议存在的问题及引起问题的原因进行分析和研究,梳理信访和解协议的应然状态,从信访和解协议的法律属性、适用范围、效力问题、协议的履行以及救济路径等方面进行探讨,以期能够使信访和解协议规范化,在制度约束的范围内发挥信访和解协议的最大作用,为解决群众信访问题维护社会稳定发挥其应有的作用。
[Abstract]:The petition system is a political system with Chinese characteristics of political participation and right relief. The continuous development of the petition system has played an important role in easing social contradictions and maintaining social stability. As a way to solve the problem of mass petition, the agreement of petition and settlement also plays an important role in solving the problem of mass petition. With the deepening development of China's reform and opening up, the social development has entered a new situation, and various contradictions have been accumulated and superimposed, which have poured into the channels of letters and visits, which have seriously affected the stability of the society and caused the work of letters and visits to fall into difficulties. How to make good use of the agreement system is of great significance to solve the problem of letters and visits. However, in practice, there are no clear legal provisions for the petition settlement agreement system, there is no unified view in academic circles, and there are many problems in the letter and visit settlement agreement itself. This paper intends to analyze and study the problems and the causes of the problems in the settlement agreement of letters and visits from the case of the settlement agreement of letters and visits, combing the supposed status of the settlement agreements of letters and visits, and from the legal attributes of the settlement agreements of letters and visits, The scope of application, the effectiveness of the agreement, the implementation of the agreement and the relief path are discussed in order to standardize the agreement on the settlement of letters and visits, and to play the greatest role in the settlement agreement of letters and visits within the scope of system constraints. In order to solve the problem of mass petition and maintain social stability, play its due role.
【学位授予单位】：广西大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.1

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