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涉法信访作为信访的一类,具有非程序性、结果高度或然性、成本高昂等诸多缺陷,并强烈冲击司法程序,加深司法的附属性。因此,我国正确的选择是顺应和谐社会民主法治的进程,强化司法的功能,逐步消解涉法信访救济职能。笔者建议从以下方面逐步将涉法信访救济司法化:一是建立权威型的司法体制,赋予法院真正独立的地位,规范裁判文书,提升案件质量,努力破解法院执行难问题。二是按照司法程序对待涉法信访,废除对法院、法官进行信访考核的做法,将涉法信访作为一种控告申诉渠道。相信司法权威有效树立之日,涉法信访自然彻底消失。
As a kind of letters and visits, petitions involving law have many defects, such as non-procedural, highly probable result and high cost. They also strongly impact the judicial procedure and deepen the adjunct of judicature. Therefore, the correct choice of our country is to follow the process of democratic rule of law in a harmonious society, to strengthen the function of the judiciary, and to gradually dissolve the relief function of the petitioners involved in the law. The author suggests to gradually judicialize the lawsuit petition relief from the following aspects: First, to establish an authoritative judicial system that gives the court a truly independent status, standardizes the adjudication documents, improves the quality of cases, and tries hard to crack the difficult enforcement of the courts. The second is to follow the judicial procedures for petitions related to law, the abolition of the courts, judges petitions examination approach, the law petition as a complaint channel. Believe that the effective establishment of judicial authority day, petitions involving law completely disappear.