涉诉信访治理的正当性与法治化——1978-2015年实践探索的分析
彭小龙涉诉信访治理的正当性与法治化——1978-2015年实践探索的分析
Legitimacy and Legalization of Management of Litigation-Related Xinfang
期刊名称：《法学研究》
期刊年份：
作者：彭小龙
单位：中国人民大学法学院
中文关键词：涉诉信访;绩效合法性;程序正当性
英文关键词：litigation-related xinfang;performance legitimacy;procedural legitimacy
中文摘要：
涉诉信访治理是法律、行政、经济等调整机制与程序、绩效等正当性基础相互作用的过程。1978年以来的“绩效合法性下的综合调整”，化解了大量涉诉信访，但法律调整与非法律调整的混同日益无法适应实践需要。20世纪90年代之后，涉诉信访法律调整机制不断健全，程序正当性逐渐确立，但受国家治理整体格局、信访体制、司法政策等影响，涉诉信访治理具有明显的绩效导向，调整效果不佳，相关政策反复调适。从目前来看，“程序正当性下的法律调整”过于理想化，十八大以来的涉诉信访改革方案可以解读并进一步整合为“程序正当性下的综合调整”，通过法律程序和程序惯例释放并统摄各种正当性资源和调整机制的作用，形成一种可持续发展的常规治理结构。
英文摘要：
The management of litigation-related xinfang (petitions by letter and visit) is an interactive process between legal, administrative and economic regulatory mechanisms and their legitimacy bases. The "comprehensive regulatory mechanism based on performance legitimacy" had solved many litigation-related xinfang cases during the period between 1978 and late 1980s, but due to the mix-up of legal and non-legal mechanisms, it was increasingly unable to keep up with the development of practice. Therefore, since the beginning of the 1990s, great efforts had been made to improve legal regulatory mechanism and establish procedural legitimacy. However, influenced by such factors as the overall mode of state governance, the xinfang system and judicial policy, the handling of litigation-related xinfang cases in practice was mainly based on performance legitimacy, which has caused undesirable results and repeated adjustments of governance policies. Considering the current social conditions and the governance capacity, "legal regulatory mechanism based on procedural legitimacy" is unrealistic. The plan for the reform of litigation-related xinfang system since the 18th CPC National Congress could be interpreted as the plan for the establishment of a "comprehensive regulatory mechanism based on procedural legitimacy", which can exercise control over and give full play to various regulatory mechanisms and legitimacy bases, thereby forming a sustainable and regular model of handling of litigation-related xinfang cases.
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