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信访制度是国家基础性的治理制度,它基于中共群众路线与正确处理人民内部矛盾的原则在社会治理领域展开,同时又具有法律属性并日益科层化,这常常表现为政治伦理与法治精神之间的对立与冲突。本文对三部山寨版“信访法”的流传及其负载的信息进行了解读,以为思考信访与法治诸命题提供纵贯视野。山寨版“信访法”深深地打上了草根创新、群众智慧的烙印,是关于大众信访理想的民意叙事和访民对于理想的信访制度安排的想象和向往。如何认识山寨“信访法”作为现代民间法的价值,从而在政治与法治之间建立良好的链接,更好地整理与安顿民意,是一个不能回避且又十分紧迫的问题。
The system of letters and visits is a basic national governing system. It is based on the principle of the CCP’s mass line and the correct handling of contradictions among the people in the field of social administration. At the same time, it has legal attributes and is increasingly layered. This often manifests itself in the spirit of political ethics and the rule of law Confrontation and conflict between. This article analyzes the spread of the three copycat houses, “Letter and Visitation Law” and the information about their load, and provides a longitudinal perspective on the propositions of thinking about letters and visits and the rule of law. Cottage Edition “letter and visit law ” deeply marked with grassroots innovation, the wisdom of the masses, is the public opinion about the ideal of public letters and petitions and petitions of the petitioners for the ideal arrangement and imagination. How to understand the value of the cottage “petition law ” as a modern civil law, so as to establish a good link between politics and the rule of law and better organize and settle public opinion is an unavoidable and very urgent issue.