标题:
人权视角下的中国式“上访”Chinese Petition under the Perspective of Human Rights
作者:
郭战琴, 李超
关键字:
基本人权, 信访制度, 上访Basic Human Rights; Petition System; Petition
期刊名称:
《Open Journal of Legal Science》, Vol.1 No.3, 2013-09-25
摘要:
作为法律援助的一名志愿工作者，不难发现，近年来，存在一大批来京或者越级上访的群众。而这些上访群众本身自认为满腹冤屈，希望通过上访来获得解决或者救济；而与此同时，大量的“截访”、“劫访”、“被精神病”、“非法拘禁”等针对上访者的非法措施也在暗中进行着或者已遭曝光披露。因而，这些现象不得不引发人深思：即为什么会有这么多的上访者？上访者的问题真正解决了吗？等等。介于此问题的繁复，本文仅从人权角度对这一现象进行分析讨论。
As a volunteer of legal aid, it is not difficult to find that there are
a large number of petitioners or leapfrog petitioners coming to Beijing in
recent years. These petitioners think of themselves full-filled of unfairness, which
they hope to be solved or relieved by petition. But at the same time, a large
number of illegal measures such as “interceptors”, “robbing the visit”, “regarded
as mental illness”, “illegal detention of petitioners” have been going in the
dark or have been exposed to disclose. Therefore, these phenomena have caused
people to ponder: Why are there so many petitioners? Have their problems really
been solved? Since these problems are so complex, this paper only discussed
from the human rights perspective.