论文部分内容阅读
信访制度是我国一项特殊的权利救济制度,一直发挥着法治参与、权利救济、纠纷化解的功能。在一定程度上对于缓和社会矛盾,保障社会稳定起到了积极的作用。随着我国社会改革的不断推进,西方现代文明与我国传统文化相互激荡,新旧体制也交相磨合,与此同时,经济的高速发展也加快了社会的转型与利益格局的不断调整,在这一过程中,利益冲突加剧,利益的多元化不可避免地导致利益主体竞相发生冲突,当私力救济无法解决时,公力救济必然发挥重要的作用,于是法院受理的案件数量不断攀升。然而,由于我国相关制度的不完善,大量民众转而上访,导致涉法信访制度的功能逐渐发生异化,再加上该制度体制内弊端的凸现,因而使涉法信访制度的运行出现了重重困难。本文拟从涉法信访制度的现状分析入手,从法治角度探讨涉法信访制度面临的问题,以期能够寻找到走出困境的对策。
The system of letters and visits is a special right relief system in our country, and it has always been playing the role of participation in the rule of law, right relief and dispute resolution. To a certain extent, it has played a positive role in easing social conflicts and safeguarding social stability. With the continuous promotion of social reform in our country, the modern western civilization and the traditional Chinese culture have been stirred up with each other, and the old and new systems have also come to pieces. At the same time, the rapid economic development has also accelerated the social restructuring and constantly adjusting the pattern of interests. In the process, conflicts of interest intensify and diversified interests inevitably lead to competing interests of the competing clashes. When private remedies can not be resolved, public remedies will inevitably play an important role. As a result, the number of cases accepted by the courts is on the rise. However, due to the imperfect system in our country and the large number of people turning to petitions, the gradual alienation of the functions of the petition system involving law in China, coupled with the prominence of malpractices in the system, make the petition system involving law have a lot of difficulties . This article intends to start from the analysis of the status quo of the law-approving petition system and to discuss the problems that the petition-law system involving in France faces from the point of view of the rule of law so as to find a solution to the quest for going out of the predicament.