叙事立场的涉诉信访成因及对策研讨

涉诉信访是公民行使监督权的体现,当下,在建设法治中国的过程中,由于经济体制改革、行政管理体制、司法体制、诉讼制度及历史文化传统等因素的影响,涉诉信访成为公民行使救济权利的手段。这使涉诉信访的功能定位发生偏移,更因为涉诉信访缺乏规范化而破环了法治,助长了人治因素的滋生,与法治中国建设的目标格格不入,因此,将涉诉信访纳入推动法治建设的轨道,发挥其应有之功能是建设法治中国的必然。

A Discussion on Factors Causing Appeal -involved Petition of Narration Standpoint and Its Countermeasures

Appeal- involved petition embodies supervision fight exercised by citizens. At present, in the process of constructing rule of law in China, influenced by economic system reform, system of administrative control, judicial system, litigation system as well as historical and cultural traditions, appeal - involved petition has become a means of relief right exercised by citizens. As a result, the functional orientation of appeal - involved petition has deviated and rule of law can be damaged for lack of standardization of appeal - involved petition. In addition, the breeding of rule of man can be encouraged, which is incompatible with construction of rule of law in China. Therefore, it is necessary to bring appeal - involved petition on the track of construction of rule of law and play its due function in constructing rule of law in China.