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Development Of Grassroots Court Litigation Source Governance Practice And Improve The Path

Posted on:2024-08-09Degree:MasterType:Thesis
Country:ChinaCandidate:T T LiFull Text:PDF
GTID:2556307073460124Subject:legal
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Litigation source governance strives to substantively resolve disputes through the integration and use of social governance elements,reflect on the root causes of litigation,and achieve collaborative governance.At present,in the context of developing nonlitigation dispute resolution mechanisms,local grassroots courts have further emphasized the resolution of the source of contradictions and disputes,and carried out a series of explorations and innovations in the construction of litigation source governance mechanisms and governance models.However,in practice,new problems have arisen in the process of continuous running-in between governance goals and social needs,and judicial functions have been continuously expanded,which has not achieved the expected judicial effects.More and more scholars have begun to advocate that grassroots courts should return to the essence of justice in litigation source governance,adhere to judicial rationality,and accurately locate their nodal functions in the entire ecosystem.After collating the relevant literature,this paper finds that there is currently no consensus among scholars on the connotation and boundary of the concept of litigation source governance,and if further theoretical norms cannot be given to practical innovation,then many problems will arise in the process of implementation and application of governance mechanism due to the lack of deep logical support.This paper focuses on the practical development of litigation source governance in grassroots courts,analyzes the different models evolved in practice,conducts empirical research on the current situation of litigation source governance in Q District Court,discusses the challenges faced in the practice of litigation source governance,and on this basis,makes useful explorations on the standardization of litigation source governance,discusses the possible innovative development direction of governance mechanism,and puts forward preliminary ideas and development ideas for the normalization and systematic development of litigation source governance in grassroots courts.Grassroots courts are limited by their judicial roles and cannot systematically utilize and integrate various resources,and conflicts between their own capabilities and governance goals will inevitably occur,so they need grassroots courts to grasp the bottom-line thinking in building a judicial ecosystem for litigation source governance and gradually promote judicial governance reform.At the same time,it is in line with the local situation,and constantly adapts to changes in the times to help and guide multiple governance entities to grasp the primary and secondary relationships in the process of joint governance,play different roles,and realize the sharing and sharing of responsibility for litigation source governance.Courts participating in the governance of litigation sources should not only play the role of "top-down" governance of the source of litigation,but also play the role of "bottom-up" governance with litigation as the source.At present,China’s litigation source governance is still in the early stage of development,which requires judicial subjects to have strong composite capabilities,and grassroots courts should assume the role of active promoters,but correspondingly,the party committee and government should provide the necessary power space and resource support for the performance of their functions.To achieve the effect of grassroots court litigation source governance,on the one hand,it is necessary for the courts themselves to ensure judicial fairness and enhance judicial credibility;On the other hand,it is necessary for society to increase its acceptance of other dispute resolution methods;It also requires corresponding assistance and support from nonlitigation organizations and government agencies on the basis of a correct understanding of the judicial function.On the basis of creating an efficient coordination mechanism,the benign interaction between the judiciary and other social relations,and the continuous adjustment and optimization towards the consistent goal of judicial reform,can ultimately improve the standardization and rationality of litigation source governance and gain general recognition from the public.
Keywords/Search Tags:grassroots courts, litigation source governance, Judicial neutrality, Active justice, judicial governance
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