论宪政视野中的上访权——兼析《信访条例》第十八条之规定

On the Right of Appealing to the Higher Authorities within the Constitutional View—Also on Analysis of the Stipulation of the Eighteenth Article in "Statute for Appealing to the Higher Authorities"

当今中国面临的“上访洪峰”,引发了学者间对传统信访制度的存废之辩。上访权是宪法权利——表达自由权的实施方式。依据当代中国国情,上访权有重要的存在价值。因此,上访权利不容压制和废弃。

The present ＂Flood of Appealing to the Higher Authorities＂ China is facing has caused the debate by scholars on whether this traditional system should be maintained. The right of appealing to the higher authorities is a constitutional right, and it is the implementation mode for the freedom of expressing. By the present situation of China, such right is of important value for existence. Therefore, the suppressing and abandonment of the right of appealing to the higher authorities should not be allowed.