涉法涉诉信访法治化的困境与出路

The Dilemma and Way of the Legalization of Letters and Visits Involving Law and Lawsuit

涉法涉诉信访法治化运行,需要对制度存在的功能进行深入认识、谱系理解。涉法涉诉信访制度的主要功能是解决纠纷,并非纠偏功能和沟通功能,纠纷矛盾的逐渐升级及日益复杂能够印证此点。对于选择怎样的解决方式,各有争论,主要存在权力救济说、权利救济说及权力与权利二元救济说的观点取向。涉法涉诉信访法治化,应以权利保障为核心,以行为法治化为目标。为此,应对涉法涉诉信访问题的困境,持权利救济说作为出路,理性回归至制度原点,并从具体层面予以分析,促进涉法涉诉信访问题的法治化运行。

In order to realize the legalization of letters and visits involving law and lawsuit, it is necessary to have a deep and pedigree understanding of the system functions. The main function of the petition system is to resolve disputes, not to correct errors or to communicate, which can be confirmed by the gradual escalation and increasing complexity of disputes. There are different opinions on how to choose the solution, mainly including the power relief theory, the right relief theory and the dual relief theory of power and right.The legalization of letters and visits involving law and lawsuit takes the guarantee of rights as the core and the legalization of behaviors as the goal. Thus, to deal with the dilemma of letters and visits concerning lawsuits, we should take the right relief theory as the way out, return to the origin of the system rationally, and separate it from the specific level, so as to promote the legal operation of the lawrelated complaints.