Research On The Governance Of Litigation Source Of People’s Courts In Southwest Minority Areas Of China

"Decision of the CPC Central Committee on Major Issues Pertaining to Comprehensively Promoting the Rule of Law",deliberated and adopted at the Fourth Plenary Session of the 18th Central Committee of the CPC incorporated the reform of diversified dispute resolution mechanism into the strategic deployment of the modernization of state governance system and capacity,and proposed to improve the mechanism of prevention and resolution of social conflicts and disputes.The reform of diversified dispute resolution mechanism has risen to the level of national governance.The Fifth Plenary Session of the 19 Central Committee of the CPC pointed out that it is necessary to improve the social governance system of collaboration and broad participation and sharing,uphold and improve the Fengqiao model in promoting social harmony in the new era,improve all kinds of mediation linkage work system,and build a comprehensive governance mechanism for social contradictions of source prevention and control,investigation and sorting,dispute resolution,and emergency disposal.It emphasizes the improvement of grass-roots governance system,the improvement of grass-roots governance mechanism,and the modernization of grass-roots governance capacity.On February 19,2021,the 18th meeting of the Central Committee for Comprehensive Deepening Reform passed the review and the "Opinions on Strengthening the Management of Sources of Litigation and Promoting the Resolution of the Sources of Contradictions and Disputes." It is emphasized that the construction of the rule of law must not only focus on the end and cure the disease,but also focus on the front and cure the disease before it.We must adhere to and develop the "Maple Bridge Experience" of the new era,put the non-litigation dispute resolution mechanism ahead,push more law-based forces to guide and divert,strengthen the prevention of the source of conflicts and disputes,front-end resolution,and control of borders,and improve preventiveness.The legal system reduces the increase in litigation from the source.As an important part of the state’s functional institutions,the People’s Court,in addition to the "judgment function" clearly stipulated in my country’s Constitution,also undertakes the "political function" and "social function",and participation in the governance of litigation sources is one of them.The participation of the people’s court in the governance of the source of litigation is the participation of the people’s court in social governance as one of the subjects,and the overall goal of national social governance is applied to the daily work of the court.Compared with other developed regions in China,the southwest ethnic regions have a large number of ethnic minorities,relatively lagging economic and social development,and have strong regional characteristics.Local people’s courts also face special tests and situations in advancing the governance of the source of litigation.This paper intends to start from the normative connotation of the governance of litigation source,combined with the actual work of the courts in southwest minority areas,analyzes the internal difficulties,external constraints and related risks of promoting the source of action governance,and provides suggestions for the development of the governance of litigation source of the courts in southwest minority areas,then puts forward the perfect path for the people’s courts in the Southwestern Minority Areas to carry out the governance of the source of litigation,in order to effectively give play to the unique role of the people’s court in participating in the governance of the source of litigation and promote the resolution of the source of conflicts and disputes.The first chapter is the introduction of the basic theory of the governance of litigation source,mainly including its normative connotation and its historical development,that is,from the origin,evolution and modern significance of the governance viewpoint,and finally to the introduction of its connotation.At the same time,the governance of litigation source involves multiple subjects,including the leadership of the party committee,the government and its functional departments,non-governmental organizations,social organizations,the public,and the people’s court.Whether starting from the perspective of functionalism or conflict theory,the people’s courts have their legitimacy in participating in the governance of the source of litigation.The second chapter mainly analyzes the evolution of the courts’ participation in the resolution of disputes at the grassroots level in southwest minority areas from a historical perspective,and briefly describes the positive role of the traditional dispute resolution paradigm in resolving disputes and maintaining social harmony and stability in southwest minority areas.At the same time,this paper focuses on the investigation of the basic people’s courts and the tribunals dispatched by it in some counties of Qiandongnan and Qiannan ethnic autonomous areas,and analyzes the current situation of the people’s court’s participation in the governance of litigation source in southwest minority areas from the two dimensions of internal and external governance,and analyze and study typical cases and main practices among them.The third chapter mainly analyzes the system practice of the people’s courts in the southwestern ethnic regions participating in the governance of the source of litigation.First of all,from the social control of the "three-element co-governance"under the background of traditional pluralistic legal culture,the evolution of the people’s courts in the grassroots social governance of the southwestern ethnic areas since the founding of New China,and the new expectation of the people’s courts in the southwestern ethnic areas to participate in the grassroots social governance in the new era The new requirements analyze the development and evolution of judicial participation in the resolution of social conflicts and disputes at the grassroots level in the southwestern ethnic areas,and briefly describe the positive role of the traditional dispute resolution paradigm with characteristics of the southwestern ethnic areas in resolving contradictions and disputes and maintaining social harmony and stability.Focus on in-depth analysis based on the investigations of the people’s courts participating in the governance of the source of litigation,summarize and refine the current experience and practices of the people’s courts in the southwestern ethnic regions in promoting the governance of the source of litigation,and analyze the difficulties and problems existing in the investigation.The fourth chapter mainly explains the structural dilemma of the people’s courts in the southwestern ethnic regions participating in the governance of litigation source,including the internal difficulties and external constraints of the governance of the source of litigation,and respectively expounds the internal difficulties faced by the courts in southwest minority areas in promoting the governance of litigation sources,including four aspects:the bureaucratic phenomenon within the court,the inability of courts’judgment to solve disputes,the "legal white paper" enforced by the court,and the structural imbalance of talent team within the court.The external constraints of the governance of litigation source include four aspects:the obstruction of the modernization of grassroots governance in ethic area,the structural imbalance of the inter-departmental coordination mechanism,the disconnection and delay of the litigation and conciliation mechanism,and the game between national law and folk rules in judicial practice.In addition,the "alienation" of the governance of litigation source also includes legal risks,ethical risks,and technical risks,meanwhile,there is a misunderstanding from the outside that the governance of the source of litigation is a "family matter" of the court,which has nothing to do with the department and so on.All of which are the warning for the governance of litigation source work of the courts in southwest minority areas.The fifth chapter is the mechanism debugging for the internal difficulties of the governance of litigation source in southwest minority areas.In the face of the internal difficulties,it is necessary to optimize the internal court structure to stimulate endogenous motivation,standardize the exercise of judicial power,focus on the reality of ethnic areas to solve the difficulties of courts’ execution,and strengthens the construction of talent team of the court in ethnic areas.Through multiple measures,we could thoroughly adjust the internal mechanisms of the courts,and help the development of the governance of the litigation source of the courts in the southwest minority areas.The sixth chapter is the restructuring of the external mechanism of the external constraints on the governance of the courts in the south wester minority areas.Facing the external constraints of the governance of the litigation source,it needs to be optimized from four aspects:modernization of grassroots governance in ethic area,optimization of departmental linkage structure,improvement of the litigation and conciliation mechanism and balance of conflicts between national laws and civil rules.Finally,through the integration of social dispute resolution resources,the restructuring of the external mechanism of the court is realized,and the governance of litigation source of the courts in the southwest minority areas is systematically promoted.