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信访本是保障公民与国家机关之间有效沟通的制度架构,然而当下不少人却认为信访不是一种法治的行为方式,究其原因,一是相当一部分人对于信访的法治属性认识不明确,二是目前信访制度的设置还存在一定缺陷,难以实现该制度设置的初衷。信访所涉及的问题较多集中于政府及政府部门,因此本文以行政信访为问题切入,对于行政信访与法治的关系进行理论梳理。基于行政信访制度涉及的公民权利保障与公共法律服务的功能具有链接性这一特点,提出新形势下应当将行政信访纳入公共法律服务体系之中,将其定位为公共法律服务的特定供给,并通过整合国家及社会的法律服务资源来完善行政信访的思路。
However, many people believe that petitioning is not a kind of rule of law behavior. The reason is that a considerable number of people do not have a clear understanding of the legal status of petitioners. Second, the current system of letters and visits there are still some flaws, it is difficult to achieve the original intention of the system set. The problems involved in letters and visits are more concentrated in the government and government departments, so this article takes the administrative letters and visits as the problem, combs the relationship between the administrative letters and the rule of law. Based on the characteristics of the link between the protection of civil rights and the public legal services involved in the system of administrative letter and visit, this paper proposes that under the new situation, administrative petitions should be included in the public legal service system and be defined as the specific supply of public legal services. Improve the idea of administrative petition by integrating the legal service resources of our country and society.