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随着社会冲突的不断增多,当事人对已经进入司法程序并且已经审结的案件仍然存在不服的现象,并试图通过法外施恩的方式来实现自己的诉求。作为中国一项比较有特色的涉诉信访制度,它的存在必有其合理性,我们可以称之为是转型时期社会的一种过渡现象。但是放眼未来,涉诉信访是不会存在的,它的发展将是诉与访的剥离。文章着眼从涉诉信访的未来发展作为研究对象,来探讨该现象中必然出现的诉与访的分离现象。希望能够为该现象的研究提供些意见和建议。
With the continuous increase of social conflicts, the parties are still dissatisfied with the cases that have already been brought into judicial proceedings and have already been concluded, and have tried to fulfill their own demands by extraterritoriality and grace. As a comparatively unique petition system in China, its existence must have its rationality. We can call it a transitional phenomenon in the transitional period. However, looking to the future, petition letters and calls will not exist, and its development will be the separation of petitions and petitions. The article focuses on the future development of petition letters and visits as the research object, to explore the phenomenon of the phenomenon of the separation of complaints and petitions. I hope to provide some comments and suggestions for the research of this phenomenon.