权利救济·司法理念·公民信访权——对涉诉信访的三维分析

涉诉信访的权利救济功能与现代司法制度之间存在一种紧张关系,这导致涉诉信访的实践陷入困境,并影响其存在的正当性与合理性.由此应该以司法主体性理念为基础,通过将公民信访权进行法律定型,围绕公民信访权重建涉诉信访制度.虽然信访并不能解决所有信访者的问题,甚至实践中只能解决很少一部分,但是信访最大功效在于公民借此获得权利救济的可能.如果信访得到最高司法机关的关注甚而实现受损权利的修复,则更可能使得信访者重新产生或增加对司法的尊重.

Rights Relief, Judicial Concept and Civil Right of Complaint Letters and Visits——Triple analysis of Complaint Letters and Visits involved in a lawsuit

There is a tension between the right relief function of Complaint Letters and Visits involved in a lawsuit and the modern judicial system,which made the practice of Complaint Letters and Visits involved in a lawsuit been in trouble and affect the validity and legitimacy of its existence.So,we should rebuild Complaint Letter and Visits involved in a lawsuit system based on the Concept of Justice for People and the civil right of complaint Letter and Visits.Although the system can not solve all problems,even in practice can only solve a few parts,but its largest effectiveness is people can use this opportunity to relief their rights.If the Complaint Letter and Visits has been concern by the highest judiciary and even the damaged right can be repaired,it would make people re-create or increase the respect for justice.