信访潮与中国纠纷解决机制的路径选择

信访制度是我国的一种历史产物,近10年来信访持续升温,信访制度改革已经势在必行。对此,信访部门官员和学者们提出强化信访与取消信访这两种针锋相对的改革思路。通过把信访潮放到整个社会中去分析,我们可以看到信访潮的涌起是契约社会的兴起与人治的纠纷解决机制的矛盾,强化信访将把中国的纠纷解决机制进一步引向人治。目前强化信访制度是一个建立在错误的理论之上的错误的制度选择,唯一正确的选择是强化法院的功能,将信访机构还原为一个下情上达的信息传递机构。

The Tides of Letters and Calls of Complaints from the People and the Path Selection of the Dispute Resolution Mechanism of China

The system of letters and calls of complaints from the people is a historical product of our country.In the recent ten years,the letters and calls of complaints from the people have increased.A reformation of that system has become necessary.Some officials of the department of letters and calls of complaints from the people and some scholars proposed two opposite ways of reformation: strengthening it and canceling it.Putting the tides of letters and calls of complaints from the people onto the whole social background and making an analysis,we can find that its emergence stemmed from the contradiction between the appearing of contract society and the dispute resolution mechanism under the rule by human,and strengthening the system of letters and calls of complaints from the people will further lead the dispute resolution mechanism to rule by human.The only right choice is to strengthen the function of the courts and make the letters and calls of complaints from the people handling organization revert to an organization which transmits messages from bottom to top.