《信访法》立法的现实观照与价值选择

The Practical View and Value Choice of Petition Legislative

随着信访研究日益加深,信访经验日渐纯熟,《信访法》立法呼之欲出。一方面,现有信访立法体系上法阙如,用之受限;下法低滥,收效甚微。另一方面,行政权力主导下之信访立法,迫于息事治民之命,苦陷外强内虚之症,渐远信访立法之本旨,诚非所愿。故,《信访法》立法,必须厘权定界,平乱归整,去粗取精,坚持实体价值与程序价值并重,创新社会治理,规整信访乱象,匡扶公道正义,践行法治理念,于国于民,洵有裨益也。

With the deeper research and more skillful experience on Complaints and Appeal,Law on Petitions in the Form of Letters and Visits will be laid down. On one hand,the current petition legislative system has been restricted on applications and achieved little in effects. On the other hand,under the leading guide of executive power,petition legislative aims at solving the affairs and softening the feelings of the petitioners. As a result,the petition legislative has gradually deviated from the legislative purpose. Therefore,the legislative of Petitions in the Form of Letters and Visits should be relocated and retread without defects and dross. Adhering to the value of both entities and the procedural,creating the social governance,regulating the chaos of petitions,upholding justice and practicing the law idea are beneficial to the country and the people.