《信访条例》的修订与信访制度改革

《信访条例》的修订,体现了人本行政、积极行政、程序行政、弹性行政和责任行政的精神,但在信访事件本身的公开化、信访秩序规定的合法性、行政权与司法权的关系以及行政法治化的总体设计等问题上也存在着缺陷。从行政法的视角看,信访制度进一步改革的出路在于:扩大行政参与、塑造公民精神、理顺行政权与司法权的关系、建立人大主导下的信访格局和出台《信访法》。

Amendment of Regulations on Complaint Reporting and Reformation of Complaint Reporting System

Some administrative spirit was embodied in the amendment of the regulations on complaint reporting, for example, humanistic, positive, procedural, elastic and responsible spirit. However, some defects should be never ignored concerning the complaint into the open, the validity on complaint reporting rule, the interaction between administrative and jurisdictional power, and the design for execution into nomocracy. From the perspective of administrative law, complaint reporting system can be improved in the following aspects: expanding administrative participation; cultivating civil spirit; taking good order with administration and jurisdiction; establishing complaint reporting pattern under the People'Congress and enacting Complaint Reporting Law.