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信访是一种颇具中国特色的制度,因为对信访功能认识的错位,使得实务中信访事项的范围无限放大。通过对国务院《信访条例》的重新审视,将信访事项分为居于主要地位的监督事项和居于辅助性地位的救济事项,其中监督事项是公民基于人民主权原则,对公共事务的管理和对公权力的监督;救济事项则在借鉴英国议会行政监察专员制度的基础上,定位于对滥用行政裁量权的不良行政的监督救济。在明确信访受理事项范围的基础上,信访制度的运行应做到不越位、不缺位,并与其他救济途径的受案范围相衔接,以达到保护公民权益和促进公共利益的目的。
Petition is a rather Chinese system, because the misunderstanding of the function of letters and visits makes the scope of petitions more substantive. Through the reexamination of the Letter and Visit Regulations of the State Council, the petitions are divided into supervisory matters that are in the main position and relief items which are subsidiary ones. Among them, supervisory matters are the management of public affairs and public power based on the principle of people’s sovereignty. On the basis of drawing lessons from the system of the British Parliamentary Administrative Ombudsman, relief matters are directed at the supervision and relief of the bad administration that abuses administrative discretion. On the basis of clarifying the scope of matters handled by letters and visits, the system of letters and visits should not be overstrained and not lacked, and should be connected with the scope of the other relief measures so as to achieve the goal of protecting civil rights and public interests.