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长久以来,信访治理的困局使得信访改革往何处去成为学界的焦点话题,信访矛盾的化解问题也因之备受关注。学者在信访改革的问题上出现了三种意见:信访废除论、强化论和还原论。本文以学者提出的改革方案的出发点为逻辑脉络进行述评,分析不同改革方案背后的具体缘由,进而总结出信访改革问题的分歧主要表现在对两方面内容认识上的不同:一是信访与我国法治建设的关系;二是信访与司法权威的关系。由于时下的信访运作是我国政治传统、文化特性、现代法治理念等多种因素的角力场,因此单纯进行信访强化或者弱化的论断并不可取。相反地,厘清信访与法治和司法权威之间的关系却是弄清信访改革方向的前提性问题。笔者结合已有的研究成果和我国国家治理的现实需求,对信访制度的改革提出了相应建议。
For a long time, the predicament of petition management makes the petition reform where to become the focus of the academic field, the settlement of the contradiction between letters and visits due to the concern. Scholars have three opinions on the issue of the reform of letters and visits: letters and calls abolition, reinforcement and reduction. This article reviews the logical context from the starting point of the reform proposal proposed by scholars and analyzes the specific reasons behind the different reform proposals. It concludes that the disagreements on the reform of the petition letters and visits are mainly manifested in two aspects: First, The relationship between construction and the second is the relationship between petition and judicial authority. Because of the current petition operation is the wrestling force of our country’s political traditions, cultural characteristics and the modern concept of the rule of law, it is not advisable simply to strengthen or weaken the letters and visits. On the contrary, clarifying the relationship between letters and visits and the rule of law and judicial authority is a prerequisite for clarifying the direction of the reform of letters and visits. Based on the existing research results and the actual needs of our country’s governance, the author puts forward some suggestions on the reform of the petition system.