【作者】 王亚美；

【导师】 陈晋胜；

【作者基本信息】 山西大学 ， 宪法学与行政法学， 2006， 硕士

【摘要】 信访制度具有浓厚的中国特色,从其产生到现在已经历了大约半个多世纪。在这期间,它曾经发挥了十分重要的历史作用。但是,在近几年的社会管理中,信访制度却遭遇了前所未有的尴尬和挑战。一次又一次的信访洪峰不断地提醒社会重新审视这一中国特有的制度,是取消?是修改?一场又一场的争论使这一制度的变革成为必然。2005年5月,国务院颁布了新的《信访条例》,新条例的出现让人们重新看到了一线希望,也重新掀起了讨论信访制度的热潮。本文尝试以信访制度的规范化研究为主线,在对我国信访制度的基本理论和现状进行考察的基础上,对信访制度的模式选择进行系统归纳与深入分析,将信访制度建立在集中统一模式上,对现有的信访资源进行必要的整合,使其在构建和谐社会的历史进程中发挥应有的作用。本文共分为五个部分: 第一部分是中国信访制度的基本理论。首先归纳了信访制度的概念,信访制度是公民、法人和其他组织采用法定形式向各级政府及相关部门提出相应请求,依法应当由有关机关处理并由被信访人作出响应的互动行为过程中所形成的法律制度。进而从信访主体、信访内容、形式及效力等方面总结了信访制度的特征。最后论述了信访制度的功能和意义,充分肯定了信访制度在公民参与政治,表达权益和实行监督等方面所发挥的重要作用。 第二部分是中国信访制度的现实基础。该部分阐述了信访制度得以存在的宪法基础、文化基础和社会基础。首先,从法源上找到了宪法依更多还原

【Abstract】 The inquiry system has the thick Chinese characteristic, produced from it to the present has experienced the about for more than half centuries. In this period, it has once played the extremely important historical role. But, in recent years social management, the inquiry system encountered actually unprecedented has been awkward and the challenge. The time and time again inquiry flood peak reminds the society to carefully examine this Chinese unique system unceasingly, is the cancellation? Is the revision? An argument causes this system the transformation into inevitably. In May, 2005, the State Council promulgated has been new "Inquiry Rule", the new rule appearance let the people see a ray of hope, also has raised the discussion inquiry system upsurge. This article attempts take the inquiry system standardized research as a master line, in carries on the inspection to the our country inquiry system elementary theory and the present situation in the foundation, carries on the system induction and the thorough analysis to the inquiry system pattern choice, the inquiry system establishment in the centralism unified pattern, carries on to the existing inquiry resources the essential conformity, causes it in to construct the function which harmonious social in the historic course the display should have.This article altogether divides into five parts:The first part is the Chinese inquiry system elementary theory. First hasinduced the inquiry system concept, pointed out the inquiry system is the citizen, the legal person and other organizations uses the legal form to all levels of governments and the correlation department proposed the corresponding request, must legally by related institution processing and by the inquiry person is made the legal system which the response in the interaction behavior process forms. Then from aspect and so on inquiry main body, inquiry content, form and potency summarized the inquiry system characteristic. Finally elaborated the inquiry system function and the significance, the full affirmation inquiry system participated in politics in the citizen, the vital role which aspect and so on expression rights and interests and implementation surveillance displays.The second part is the Chinese inquiry system realistic foundation. This part elaborated the inquiry system can exist constitution foundation, cultural base and social basis. First, had found the constitution basis from the law origin, through to the people’s sovereignty principle and the citizen basic right principle explanation, obtains the inquiry is our country people basic right realization lawful means. Next, from the cultural angle understood China in 5000 the history the influence which produces in the people thought deep place, but "the honest official realizes" is miniature. Finally, the inquiry system existence has the deep social realistic foundation, it likes a social safety valve under the specific historical condition, alleviated the certain society to be contradictory.The third part is the Chinese inquiry system historical inspection. This part elaborated from the ancient times and the modern two surface the inquiry system produces the historical background, the development condition and then inquiry form, promulgated the Chinese inquiry system own some laws of development.The fourth part is outside the territory the related system model, mainly introduced Japanese, English, French, Sweden and the Chinese Hong Kong, the Chinese Taiwan correlation system development condition.The fifth part is the Chinese inquiry system and its the pattern. This part bases the current inquiry system basic situation, the main goal is thoroughly analyzes and discusses its new pattern choice. First, newly promulgates the implementation take the State Council "Inquiry Rule" as the main source, through to our country content and so on inquiry basic principle, basic system, fundamental mode combing, has a clear mentality by the time realization to the current inquiry system development vein. Next has made the summary to the inquiry system main question from the system design and the influence factor two aspects. From politics, the economy, the culture, the government by law four aspects thoroughly analyzes our country current inquiry problem formulation once more the reason. Finally in the establishment inquiry legal status, in the conformity existing inquiry system resources foundation, proposed legislates through the unification and sets up the specialized agency to establish one kind of standardized pattern.In brief, this article through to the Chinese inquiry system omni-directional analysis, makes every effort to choose the reasonable pattern to consummate our country the inquiry system, impels it to step onto standardized the path.更多还原