律师参与化解涉法涉诉信访:经验探索与路径选择

Lawyers Involving Solving the Problem of Complaint Letters and Visits Subordinated to Trial:Exploring the Experience and Choosing the Appropriate Way

引入律师参与是化解涉法涉诉信访的积极探索和有益尝试。目前的实践经验主要可分为法律事务服务中心、律师顾问团、律师值班和公益法律服务中心四种方式,它们存在着信访与司法制度有效性不足、律师参与积极性有限和律师参与化解涉法涉诉信访制度的可持续性不足等弊端。为从源头上化解当前困境,打破"信访+"二元治理结构是实现诉访分离改革目标的必然选择。在治理理论的视角下,应重新定位信访功能,同时通过建立民主沟通对话平台、重新定位律师角色、构建回应型政府等举措化解难题。

The introduction of lawyer＇s participation in cases of complaint letters and visits could beaconducive attempt and active exploration to settle these cases. The current practices can be divided into thefollowing sectors： the Center of Service for Legal Affairs, the Group of Counsel, the Lawyer on Duty andthe Center of Public Welfare and Legal Service. But all these are in lack of institutional effectiveness ofjudicial and complaint letters and visits, have limited enthusiasm with lawyer and are in lack of persistenceof the system of lawyer＇s invlovement in solving such cases. To fundamentally solve the problem,breakingthe structure of dual structure of “complaint letters and visits plus” is the only way to achieve the goal ofseparating the litigation and complaint letters and visits. Under the angle of governance theory,we cantransform the complaint system into a platform where people can participate in public decision, change thefunction of lawyer and establish a respondent governance.