律师参与化解涉法涉诉信访基本模式探讨  

Discussion on the basic model of lawyers' participation in resolving the law-involved and lawsuit-involved petition

作　　者：谭金生[1] Tan Jinsheng(Southwest University of Political Science and Law, Chongqing 401120, China)

机构地区：[1]西南政法大学,重庆401120

出　　处：《辽宁公安司法管理干部学院学报》2017年第4期63-73,共11页Journal of Liaoning Administrators College of Police and Justice

基　　金：重庆市人民检察院2016年重点课题"律师等第三方参与化解涉法涉诉信访机制研究(课题编号:CQJY2016B12)"的阶段性研究成果

摘　　要：律师参与化解涉法涉诉信访大致形成了代理申诉、参与化解和第三方参与化解三种模式。代理申诉模式是对不服司法机关处理决定的申诉由符合特定条件的律师代为进行的模式;参与化解模式是符合特定条件的律师及其他人员受政法机关的聘请,以法律顾问或者辅助人员身份参与化解涉法涉诉信访案件的模式;第三方参与化解模式是由具备特定条件的人员组成的第三方机构参与化解涉法涉诉信访案件的模式。它们既有各自的优点,也有各自的不足。比较而言,律师代理申诉模式更符合现代法治精神,应成为律师参与化解涉法涉诉信访的基本模式。Lawyers＇ participation in resolving the law -involved and lawsuitinvolved petition forms three models of proxy complaint, participation in the resolution and third party participated in the resolution. The model of proxy complaint is a model of dealing with the decision by a lawyer who meets the specific conditions on behalf of whom does not accept the decision of the judiciary. The model of participation in the resolution is a model that lawyers and other personnel meet the specific conditions hired by the political and legal organs as legal advis- ers or assistants to participate in the resolution of the law - involved and lawsuit - involved petition cases. The model of third party participated in the resolution is a model that the third party, which is composed of persons with specific conditions, participates in the process of resolving the law - involved and lawsuit - involved petition cases. They have their own advantages,but also their own shortcomings. In contrast,the model of proxy complaint by lawyers is more in line with the modem spirit of rule of law, which should be the basic mode of lawyers＇ participation in resolving the law -involved and lawsuit -involved petition.

关 键 词：律师 信访 涉法涉诉信访 基本模式 

分 类 号：DF85[政治法律—法学]