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在社会管理创新的语境中,历来颇具争议的信访制度依然有其宪法上的宣示价值、行政法上的实践价值与比较法上的类比价值,尽管信访制度在新语境中的这些价值还是无法排除隐忧:交易成本、外部成本、机会成本等隐形成本高昂,信访一旦“失灵”也可能诱发社会公共安全事件。这些隐忧会伴随着法治社会的发展在不同时期凸显出来,为应对信访制度的这些隐忧,短期应当由党委建立专门部门统筹信访工作,中期应当制定《信访法》统一规范各类信访机构职权与程序,长期应当将信访的两项职能向立法与司法两支分流。
In the context of social management innovation, the controversial system of letters and visits, which has always been controversial, still has its constitutional proclamation value, the practical value of administrative law and the comparative value of comparative law. Although these values of the petition system in the new context are still Can not rule out worries: transaction costs, external costs, opportunity costs and other hidden costs high, letters and visits “failure” may also trigger social public safety incidents. These worries will be accompanied by the development of a society ruled by law to highlight at different times. In response to these worries of the petition system, the party committee should set up a special department to handle petitions in the short term. In the medium term, the “Letters and Visits Law” should be formulated to standardize the powers and procedures of various petitions agencies , The two functions of petition should be diverted to the two branches of legislation and judicature in the long term.