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信访制度作为一项深具中国特色的政治参与与权利救济制度,自其产生之日起就带有明显的政法传统底色。而今信访潮波涛汹涌,但实际经由信访途径化解的矛盾纠纷却很少。信访救济作为一种反法治的维权方式,其与法治存在着诸多难以克服的悖论。循着政法传统的视域对现行信访救济制度进行法治反思,针对信访救济制度偏离其原初目标的诸多悖论进行剖析,以法治逻辑取代信访救济的政法逻辑,进而对信访救济制度进行法治化改造,通过张扬法治思维与法治方式来实现信访制度功能的理性回归。
As a system of political participation and rights relief deeply rooted in Chinese characteristics, the petition system has had a clear political and legal tradition since the day it was founded. Today, the tide of letters and visits is choppy, but the number of conflicts and disputes actually resolved through letters and visits is very small. Petition relief as an anti-legal way of safeguarding rights, there are many insurmountable paradoxes with the rule of law. In the light of the tradition of politics and law, this article reconsider the current system of relief for petitions letters and visits, analyze the many paradoxes that petty petition system departs from its original goal, substitute the logic of rule of law for the political and legal logic of petition relief, and then reform the petition system for legalization , Through the publicity of the rule of law and the rule of law approach to achieve the rational return of the system of letters and visits.