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现代法治国家,处理社会矛盾的主要途径应是司法救济,但实践中,信访作为我国所特有的救济途径,却承担着解决社会矛盾和缓解社会压力的重要角色,发挥着积极作用。可以说无论是司法权威还是法治基础,都被信访工作不同程度的削弱。本文试着对司法救济与信访救济进行探析,提出应对日益严峻的“信访怪圈”的对策,旨在完善现阶段的信访制度,促进社会法制建设。
In modern law-governed countries, the main way to deal with social contradictions should be judicial remedy. However, in practice, petitions, as a unique remedy for our country, take an important role in resolving social conflicts and alleviating social pressure and play an active role. It can be said that both the authority of the judiciary and the foundation of the rule of law have been weakened to varying degrees by letters and visits. This article tries to analyze the judicial relief and petition relief, and puts forward the countermeasures to the increasingly serious “petty circle”, aiming at perfecting the petition system at the present stage and promoting the construction of social legal system.