涉诉信访与再审机制改革的文化困境与出路

The Cultural Dilemma and Reform Petition Cases Involving Litigation of Retrial Mechanism

我国针对生效裁判设计了一套发达的涉诉信访和再审申诉机制。传统儒家文化与现代法治文化之间的冲突,使得申诉信访机制改革遭遇了一系列的困境。突围之道,不能仅从诉讼法学科狭隘的范围内探寻,而需要从以现代法治文化统摄传统文化的高度,从正当法律程序的重塑、检察机关与法院之间的关系、程序制裁理论与立法的完善等宏大的视野,对我国申诉信访的理念和运作机制进行全面的审视和革新。

According to our country's effective judgment to design a set of advanced litigation petition and retrial mechanism. The conflict between traditional culture and modern culture of rule of law,the petition mechanism reform has encountered a series of difficulties. The method to solve the problem, not only from the scope of litigation law within the narrow search, from the traditional culture with modern legal culture commanding height, from the due process of law, to reshape the relationship between procuratorial organs and courts, judge theory and legislation perfection of grand view, to overhaul the complaint petition in China the concept and operation mechanism.