社会治理视域下信访改革的制度逻辑与路径

The Institutional Logic and Path of Letters & Visits Reform from the Perspective of Social Governance

我国信访存在信访功能扭曲、信访制度背离设计初衷以及信访治理机会主义等现实困境,信访问题凸显了社会治理的困境,信访改革的逻辑需从社会治理转型展开,从路径选择的角度来看,应坚持信访治理的程序正当性,重视综合调整;实行信访与诉讼分离制度,切断诉访循环;探寻信访终结模式,实现依法终结。

Through rational reflecions on the current situation during the implementation of letters &visits in China, it is found that the function of letters & visits has been distorted;letters & visits systems deviated from the original intention, and letters & visits governance opportunism is the realistic difficulty.From the perspective of institutional logic of the reform, since the issue of letters & visits stems from the dilemma of governance, the logic of petition reform needs to be transformed from social governance. The letters & visits should be based on dual perspective of value rationality and instrumental rationality to secure the inner balance of letters & visits system between petitioners’ benefits and social governance. From the perspective of path selection, procedural fairness of letters & visits governance should be insisted and overall adjustment should be emphasized;system of letters & visits and litigation should be separated to cut off visit-litigation circulation. Additionally, letters & visits termination mode shold be explored for a lawful end of letters & visits.