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随着中国法治的进步,基于法治对秩序的追求不仅仅是一个宏大的理想,亦是中国数十年来的实践。由于以政治立基的信访制度被默认为应当承载更多的公平、正义理念,强化与完善信访职能、尤其是信访法治化的主张便不断释放出来,并常常表现为信访之内在政治伦理与外在法治要求之间的对立与冲突。本文对一部流传于民间的山寨版“信访法”及其负载的信息进行了深度解读,以为思考信访及其法治化诸命题提供纵贯视野,更为理解当前复杂的信访困局、尤其是形成新的信访治理思路提供解释和启发。这不但是对时下热议中的“信访立法”的一种回应,更是对在既有政治框架下如何藉信访制度整理与安顿民意的一种忧思。
With the progress of the rule of law in China, the pursuit of order based on the rule of law is not only a grand dream but also a practice of China for decades. Since the political-based petition system is defaulted to be more fair and just, it should be strengthened and improved. In particular, the advocacy of the legalization of letters and visits has been constantly released and often manifested in the internal and external political ethics of letters and visits Opposition and conflict between the requirements of the rule of law. This paper deeply analyzes a piece of information such as the copyrighted version of “Letter and Visit Law” and its load circulated in the private sector, provides a longitudinal perspective for thinking about letters and visits and its propositions under the rule of law, and understands the current complicated situation of letters and visits, In particular, the formation of a new letter and visit management ideas provide an explanation and inspiration. This is not only a response to the current “legislation on letters and visits”, but also a worry about how to sort out and settle public opinion by means of letters and visits under the existing political framework.