【作者】 陈宇；

【导师】 刘霞；

【作者基本信息】 上海交通大学 ， 公共管理， 2008， 硕士

【摘要】 本文首先分析了行政信访的涵义和背景,行政信访作为一种权利救济的行政行为,在某种意义上成为了行政复议、行政诉讼之外的兜底救济。然而,随着政府法制化进程的推进,传统“清官”意识、现行法制缺位、公共管理和决策存在不当和政府失误、责任追究机制不到位等因素的影响,以往行政信访采用一级终局办理的行政手段不但很难真正把矛盾化解在基层,造成信访人重复、越级上访告状,而且对基层单位缺乏有效监督,不利于职能部门依法行政。由此可见,信访事项复查复核制度的确立有其深刻的社会背景和法制原因。2005年《信访条例》的颁布,可以看作信访变法阶段性的成果,以往信访事项一级办理的工作方法转变为三级复查复核机制,体现了以治理精神和法制理念为指导的变革,使信访从政治化向法治化、民主化转变。信访事项复查复核制度的确立正是信访变法的精髓所在,体现了公民参与价值和对公权力的监督价值。本文运用比较分析法和案例分析法,引入治理理论、公民参与、政治沟通等公共管理理论,从法学、政治学、行政学、管理学和心理学的不同视角对复查复核制度进行理论分析,详细阐述了复查复核制度的受理原则、提起人和管辖、发起程序和时效、受理期限和办理期限、救济途径、执行力、三项建议权等内容,介绍了与复查复核制度相配套的信访公示、信访听证机制,探讨了信访复查复核制度对于信访终结目标的作用和价值。本文还将信访事项复查复核制度与国外行政申诉专员制度和国内行政复议、行政诉讼进行了比较,以期从相关制度的程序和方法中取得一些借鉴和启示。同时,本文也对如何推进信访事项复查复核制度作了深入的思考,复查复核制度在实践中不能仅仅作为终结机制,更应重视在开展复查复核程序过程中,既要强调合法性因素,维护公权力的严肃性;也要重视合理性因素,运用信访听证、信访公示等手段,吸收律师、专家和群众自治组织参与到信访事项的处理过程中,发挥社会组织协调政府与公民之间关系平衡器的作用,逐步形成政府与公民、社会合作互动、公共资源与社会资源相互补充、公共领域与私人领域相互支持的信访治理格局。更多还原

【Abstract】 The definition and background have been analyzed firstly within this essay. Administrative Appeal playing the role as an Administrative Behavior to right-relief, to some extent, it becomes the bottom relief except for Administrative reconsidering and Lawsuit. However, as the advancement of the legalization of government, under the effect from traditional“Honest Official”Consciousness, Present vacancy of Law System, and Improperness’existence within Public Management and Decision -Making, added with the Government Fault and Inappropriate placement of Responsibility Investigation System, the“Level 1 Result Management”, as an Administrative measure, used currently by former Administrative Inquiry, which not only hasn’t melted the contradiction within the Basic Unit, but also forming the present complaining through repetitive and direct appealing by ignoring the rank difference. Moreover, lack of effective inspection towards basic units of the government has caused the disadvantages for functional department to administrate according to the law. Thus the conclusion is drawn, there is deeply social background and legal reasons lie in the establishment of Reinvestigating and Reexamining System for Administrative Appealing.The promulgation of“Administrative Appeal Rules”in 2005, could be taken as the gradual achievement of Appeal Reform. It transferred formerly Level 1 Result Management Method into Level 3 Reinspection and Reexamining mechanism, which manifests the transformable instructed by governance spirit and legal ideas, and realize the transformation of appealing from politicalization to legalization and democratization. The establishment of Reinspection and Reexamining system is precisely the essence of appealing reform, which demonstrated the value of citizen participant and worth of Right-surveillance.Methods of Comparative Analysis and Cases Study have been used within this essay to carry out the theoretical analysis towards Reinspection and Reexamining system out of different points of view including Law, Politics, Administration, Management and Psychology, etc. It elaborates the contents of Accepting Rules, Procedures and Three Suggesting Power of the system, introduces the disclosure of appealing and hearing mechanism as its relative mating, study on the value to termination target. Meanwhile, comparison has been made between Administrative Appeal items and overseas administrative appeal commissioner, together with domestic administrative reconsideration and litigation. Through which some reference and inspiration could be obtained from similar procedures and methods.According to the essay, it’s considered that Reinvestigating and Reexamining System can not only be taken as termination mechanism, it should focus more on emphasizing validity facts and the solemnity of vindicating citizen rights; but also attach importance to rational factors, using the methods of appeal hearing and disclosure to absorb lawyers, specialist and mass self-governed organizations into the solving procedures of appealing, playing as the function of social organization to balance the relationship between government and citizen, and gradually forming the Administrative appealing pattern of interactive cooperation between government and citizen, society, added with mutual supplement between public resources and social resources, mutual support of public and private domain as well.更多还原