无理上访以何终结——对一起长达30年信访个案的考察

How to End the Complaint Reporting without Reason—Exploring a Case of the Complaint Reporting which Lasts 30 Years

信访制度是公民利益表达和监督的途径,信访问题的有效解决助益于社会秩序的稳定和公平正义的实现。中国信访治理矛盾的主要方面是无理上访所致,无理上访对法治的不断冲击致使法治化进程陷入困境。通过对一起长达30年的无理上访的个案考察分析,信访制度的政治意义已超然于法律意义,信访部门的无原则救济功能凸显,究其原因是政策的失灵、法律的失效和个人主义的膨胀等多种因素综合的结果,应对之道是信访部门的限权、信访法治化和公民法治信仰的形成。

The complaint reporting system is the way to express and supervise citizens＇ interests,the effective solution to the problem of complaint reporting is helpful to the stability of social order and the realization of fair and justice. At present, the main aspects of the contradiction of complaint reporting governance in our country is the the complaint reporting without reason, The constant impact on the rule of law in China is in a dilemma. By exploring a case of the complaint reporting which lasts 30 years, The political significance of the complaint reporting system has been detached from the legal sense, the non-principle relief fuction of the complaint reporting system department highlights, policy failure, laws failure, expansion of individualism are three main reasons which result in this outcome. The way of solving those problems is restraining the power of authorities which in charge of the complaint reporting, legalizing the complaint reporting and forming citizens＇ belief of rule of law.