中國司法治理下涉訴信訪基本理論與實踐出路

司法治理是各國國家治理體系的重要組成部分，而其中的涉訴信訪治理則是典型的“中國問題”，它反映的是經濟、政治、文化、社會、法治等綜合矛盾，也說明現有訴訟制度不足以適應現實訴訟的需要而與社會生活失調。涉訴信訪具有矛盾的對抗性、複雜的程序性、較強的個案性、終局的相對性、制度的有限性等特徵。涉訴信訪的成因十分複雜，有人民法院、當事人、法律制度、傳統文化、經濟社會發展等原因。涉訴信訪治理應當立足國情，堅持系統思維，研究和把握其規律性，推動深層次戰略實施和相關領域體制完善，進一步深化訴訪分離、律師代理、終結移交等制度改革，調整基層人民法庭職能定位，將其改造為“准司法”機構，並根據信訪法治化的要求，推進“訴訪分離”走向更高層次的“訪訴融合”。總之，我國應按照全面依法治國和國家治理體系治理能力現代化的戰略部署，不斷深化司法治理理論研究與實踐，走出一條中國特色社會主義涉訴信訪治理之路。

Judicial governance plays an important role in the national governance system among all countries. And the governance of litigation-related petitions in it is a typical“Chinese problem”, which reflects the comprehensive contradictions about economics, politics, culture, society and the rule of law, and demonstrates the dissonance between the existing litigation system and the society because of the disability of the former to adapt to needs of real litigations. The litigation-related petition in China has several characteristics, such as opposite positions of both parties, the complexity of the procedure, varied circumstances in individual cases, the relative understanding of the finality concept, the insufficiency of existing rules and so on. The causes of litigation-related petitions are various, which are to be attributed to the people’s courts, the parties involved, the legal system, the traditional culture, the economic and social development and so on. The governance of litigation-related petitions should be based on the Chinese context, insist on the systematic thinking, and rely on the research of litigation-related petitions, while it is important to promote the implementation of in-depth strategies and institutional improvements in related areas. Concretely speaking, the reform of the separation of petitions and litigations, the procedural representation by lawyers, and the system of case closing and transferring should be deepened. It also requires to transform the functional positioning of the basic people’s courts into“quasi-judicial”bodies, and while legalizing the petition system, to upgrade the“separation of petitions and litigations”to a higher state, namely the“integration of petitions and litigations”. In conclusion, following the strategic plan for comprehensive law-based governance and modernization of governance system and capacity, China should continue the theoretical research and practice of judicial governance, and find a new socialism road of governance of the litigation-related petition with China’s characteristics.