Research On The Social Governance Function Of Civil Litigation From The Perspective Of National Governance Modernization

As an important part of the national governance system,social governance’s modernization development directly affects the overall situation of the national governance modernization strategy.In the context of the modernization of national governance,social governance is the joint solution of social problems based on the cooperation of multiple subjects such as the government,social organizations,and citizens,guided by good governance and with the concept of collaborative governance.As a judicial field of micro public participation,civil litigation is the most important and formal dispute resolution method in modern society,and it is also the last resort for rights relief.However,in today’s society,the function of litigation is no longer limited to distinguishing right from wrong,settling disputes and ending disputes.With the enrichment and extension of social communication means,litigation activities increasingly affect the behavior of citizens and society in a country.We call it litigation.social governance function.Combined with the current situation of internal and external troubles faced by civil litigation,on the basis of analyzing the political,democratic,and legal functions of civil litigation,the three functions should be viewed macroscopically rather than separated.The three are unified under the function of social governance and serve the national strategic goals.At the level of dispute governance,it is also of great significance to realize the modernization of the rule of law by transforming the function of civil litigation to the level of social governance and public service and giving full play to its social governance function.According to the related problems of excessive reliance on pre-litigation,instrumentalism in litigation,and weakening of the guiding role of post-litigation adjudication,targeted solutions are proposed: through guidance to establish a prudent view of litigation,change the litigation model,and improve the acceptability of the adjudication,etc.While resolving disputes,it forms a good demonstration role in the society and effectively exerts its social governance function.