信访秩序的规范分析——以省级信访条例为样本

A Normative Analysis on Orders of Petition System:According to Province-Level Regulations on Petitioning

信访秩序概念在立法中的使用并不统一、规范。以各省级行政区人大常委会制定的信访条例或信访工作规定为分析样本,可发现其条文设计的出发点是维护社会稳定,设计的重心是以强制手段建立和维护秩序,设计的内容上则存在各主体权利义务关系规定不平衡的现象。因此,信访秩序立法需要从立法理念上进行反思,从制度上进行重构。

In the legislation on petitioning,the orders of petition system are not unified or standardized.According to the provisions or regulations on petitioning formulated by the standing committee of the People's Congress of different Chinese provinces,three characteristics are demonstrated in the formulation of these provisions or regulations: its intention lies in the social stability; its focus is on establishing and maintaining orders by force; its content includes some imbalances between rights and obligations for different subjects. There is,therefore,a need to redress the orders of petition system based on the legislative ideology so as to regularize the legislation on petitioning.