Practical Problems And Improvement Paths Of Base People’s Court’s Participation In Litigation Source Governance

The rapid development of social economy has driven the increase of urbanization rate.The original "acquaintance society" has gradually evolved into "stranger society",and the old concept of "settling and hating litigation" has gradually loosened and collapsed.In the face of disputes,people are more and more inclined to use "litigation" to solve problems.The contradiction between the ever-growing judicial power of the courts of our country and the people’s ever-growing judicial demands is increasingly obvious.In order to solve this contradiction,the Supreme Court puts forward the source of litigation governance to realize the source of dispute resolution,and the forefront of the source of litigation governance is the basic people’s court.The author chooses the representative X District Court in H City,analyzes the background and relevant measures of the court’s participation in the source of litigation management,explores the experience worth promoting and the problems in need of improvement,and tries to give reasonable suggestions.The article is mainly developed from the following five parts:The first chapter is the introduction part.On the basis of clarifying the research significance and thinking of this paper,it combs the research status of domestic and foreign academic and practical circles from three aspects: "connotation and necessity of the definition of traceability governance,theoretical basis of traceability governance,and function positioning of courts in traceability governance".The second chapter focuses on the theoretical basis of courts’ participation in traceability governance: "people-centered thought of Constitution,social governance theory and active judicial theory",and expounds the four functional positioning of grassroots courts in traceability governance.The third chapter adopts the questionnaire and interview method to conduct a comprehensive analysis of the current situation of the court in District X of H City participating in the source of litigation management.It is found in the investigation that District X,based on the judicial function,actively integrates into the general pattern of grassroots governance of the Party committee,establishes a judge workstation with the court as the unit,explores the communication and cooperation between the court and the street,community and mediation organizations,and constantly improves the joint work system of multiple mediation organizations.Deliver the X area answer sheet of "Traceability and governance",and achieve a double decline in the number and growth rate of civil and administrative cases.The fourth chapter analyzes the problems existing in X District People’s Court’s participation in litigation source governance,including "unclear functional positioning,imperfect assessment and incentive mechanism,unclear polling organization construction and development mode,poor judicial linkage mechanism,poor traditional law popularization mode,unclear functional positioning,imperfect assessment and incentive mechanism",and analyzes the deep-rooted reasons and adverse effects combined with the problems.The fifth chapter puts forward the ways to strengthen the effectiveness of grassroots courts in the governance of the source of litigation: to clarify the core functions,adhere to moderate promotion;Establish a scientific evaluation mechanism,administrative mediation,cohesion and interaction.Improve the assessment mechanism;Integrate resources to enhance multi-party cooperation;The judicial linkage mechanism should be innovated to promote the ways of people’s mediation and judicial mediation.