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随着我国改革开放不断深入,社会矛盾和各类纠纷逐渐凸显,其中行政信访争议数量和难度均呈上升趋势,这不但不利于行政性矛盾和争议的解决,更超越了信访制度的功能外延。本文在分析行政信访产生之原因的同时,提出将行政信访争议纳入法治化解决路径的四项举措:其一,还原信访制度本来的功能规范其运行程序,并建立终结机制,从而维护法律行为及法律事实的既定力;其二,改良作为行政争议纠纷解决主渠道的行政复议制度,强化其行政权力救济职能,实现信访与行政复议的互动和有效衔接;其三,依法推进司法改革,强化司法判决和裁定的执行力,提高其权威性和公正性,减少因执行难引发的行政信访事项上访率;其四,建立社会层面的保障体系,加大社会宣传和法治教育,从思想层面强化行政权力救济的法治化观念。
With the deepening of China’s reform and opening up, social contradictions and various types of disputes have gradually become prominent. The number and difficulty of administrative letters and visits are on the rise. This is not only not conducive to the settlement of administrative conflicts and disputes, but also goes beyond the functional extension of letters and visits. This article analyzes the causes of the formation of administrative letters and visits, at the same time put forward the administrative letters and complaints into the legalization of the path to solve the four measures: First, restore the original function of the letter and visit system to regulate its operational procedures, and the establishment of the termination mechanism to safeguard legal behavior and Secondly, to improve the system of administrative reconsideration as the main channel of dispute resolution in administrative disputes, to strengthen its relief function of administrative power and realize the interaction and effective connection between petition and administrative reconsideration; Third, to promote judicial reform and strengthen judicial administration according to law Judgments and rulings to enhance their authority and impartiality and reduce the rate of petitioning due to the implementation of administrative petitions; Fourth, to establish a social security system, increase publicity and education on the rule of law, and strengthen the ideological level of administration The Concept of Legalization of Power Relief.