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诉访分离是涉法涉诉信访改革的核心内容,即将“诉类事项”与“访类事项”区别对待,分开处理。既然要分离,则前提是要明确“诉”与“访”的概念。笔者认为,“诉访分离”应从两个层面进行区分,首先是将涉法涉诉信访与行政信访区分开来,二者区分的标准应为实质性的标准,即以引发信访人信访的原因为标准,如果是因具体案件引发的即为涉法涉诉信访,如果信访人信访的根源与案件无关则为行政信访。而“涉法涉诉信访”中也有
The separation of petitions is the core content of the petition reform involving lawsuits involving petitioners. It is about to treat “petition matters” and “visiting petitions” separately and deal with them separately. Since it is necessary to separate, the premise is to clarify the concept of “appeal” and “visit”. The author believes that “separation of petition ” should be distinguished from two levels, the first is to tell the petition of law involving petitions and administrative petition separate, the standard of distinction between the two should be substantive criteria, that is, to lead letters and petitions petitions The reason for the standard, if it is caused due to specific cases that litigation petitions, if the petitioner’s petition has nothing to do with the case is the administrative petition. And “law-related petition letter ” also has