“三审一听”息访制——对“非正常上访终结机制”的思考

Halting Appealing System of“Three Trials and One Hearing” ——The Reflection on“Not Normal Petition Ending System”

"三审一听"息访制,指因非涉诉事项到政府信访部门上访,"三级审理"程序走完后,上访人仍不服的;因涉诉案件到法院、检察院上访,对法院一、二审判决不服,对申诉案件处理结果仍不服的(三次审理),发挥人大对一府两院的监督职能,人大可牵头进行听证,本着实事求是原则,有错必纠,无错劝上访人息访的制度。

Halting appealing system of“Three Trials and One Hearing”is that the cases which don’t belong to the lawsuit are appealed to the government petition office, and the petitioners are still dissatisfied after“three trials”; the litigation cases are appealed to the court and the procuratorate, and the petitioners are dissatisfied with the judgment of one trial and two trials by the procuratorate, and also with the result after three trials. Then, the supervision function of NPC can be exerted. NPC can make hearing procedures and insist on the systems that it should be realistic, the mistakes must be corrected when they emerge, and the petitioners are persuaded to halt appealing when no mistakes emerge.