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从法院、当事人以及信访机构的本身,结合法院系统最近几年对涉诉信访的统计分析,研究整个涉诉信访体制的现状及问题。涉诉信访针对的是法院的裁判和执行,其初衷是通过行政手段实现对法院裁判或执行的推翻。从实质正义层面,我们姑且称为是个体正义的实现手段。但这种手段对法院系统的权威以及法治的实现却是损害巨大,涉诉信访不解决,法治将陷入困境。
From the court, the parties and the petitioning agencies themselves, this paper analyzes the status quo and problems of the petition-complaint system involved in the litigation by combining the court system’s statistical analysis of petition letters and petitions in recent years. The petition letters and complaints refer to the court’s adjudication and enforcement, whose original intention was to overthrow the court’s adjudication or enforcement through administrative means. At the substantive and just level, let us call it the means of realizing individual justice. However, the authority of this system on the court system and the realization of the rule of law are tremendous damage. Petitions involving petitions and letters are not resolved and the rule of law is in a dilemma.