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近年来,有关“信访立法”的话题一直备受关注,各地信访部门也展开关于“信访立法”方面的调研,高校相关方面的专家学者和法律工作者也开展大讨论。目前是否需要立法有两种声音:赞同信访立法者认为,信访立法可进一步强化信访责任、保障信访权利、维护信访秩序、发挥信访功能。认为无须立法者则赞同地方政府出台更具操作性的细则,同时担心如信访立法,会事与愿违,产生更多上访。本文从信访工作实践的角度,针对《信访条例》执行过程中存在的问题,认为目前信访立法是极为重要和必要的,并提出几点关于信访立法的建议。
In recent years, the topic of “Letters and Visits Legislation” has drawn much attention. The departments of letters and petitions all over the country have also conducted investigations on the “Letters and Visits Legislation”, and relevant discussions have also been held between experts and lawyers in related fields. At present, there are two kinds of voices that need to be legislated: Agreeing with letters and visits Legislators believe that the letter and visit legislation can further strengthen the responsibility of letters and visits, safeguard the rights and interests of letters and visits, maintain the order of letters and visits and give full play to the functions of letters and visits. Those who think that no lawmakers are required to endorse the local government’s promulgation of more operational rules and worried that such petitions may lead to more petitions if they are not in line with their wishes. From the point of view of the practice of petition, this paper aims at the problems existing in the implementation of Petition Ordinance. It is considered that the current petition legislation is extremely important and necessary. Some suggestions are put forward on the petition legislation.