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Investigation Report On The Working Mechanism Of “One Street Town,One Judge” In A County Of Chongqing

Posted on:2024-05-26Degree:MasterType:Thesis
Country:ChinaCandidate:Q WangFull Text:PDF
GTID:2556307166979049Subject:legal
Abstract/Summary:PDF Full Text Request
The popularization of the idea of ruling the country by law and the lowering of the threshold of filing cases in the courts have led more and more people to settle family and neighborhood disputes through litigation.The people’s demand for litigation has exploded,but the growth rate of grassroots judicial resources cannot keep up with the growth rate of people’s judicial demand.In order to alleviate this practical contradiction,not only to meet the people’s demand for dispute resolution,but also to reduce the burden of grassroots courts.The Supreme People’s Court has listed "the construction of a one-stop service system of dispute resolution and dispute litigation" as a key project of the people’s Court of China.The project is to solve the excessive number of grassroots court cases,but also to solve the "case execution is difficult" and "case done" quality problems.At present,the ONE-STOP service system of dispute resolution and modern litigation in our country is in the state of construction.Local people’s courts explore local experience on their own according to local customs and customs.Chongqing High People’s Court implemented the working mechanism of "one street,one town,one judge" in Chongqing on May 10,2021.The working mechanism requires grassroots judges to keep close ties with the people,take the rule of law as the leading role,and use various social forces to resolve grassroots disputes.Draw Chinese local wisdom from the experience of dispute resolution at the grassroots level and condense it into China’s local experience of rule of law.Chongqing grassroots court for the local township,town,street,park,key enterprises and other selection of contact judges fixed contact.The work content of grassroots judges revolves around the five aspects of "assisting to resolve conflicts,extending the tentacles of litigation services,conducting circuit trials,carrying out legal risk tips,and carrying out law popularization and publicity".The focus of the working mechanism of "One Street Town,one Judge" is to hope that grassroots judges can mobilize relevant grassroots organizational forces to prevent conflicts at the source,resolve disputes at the front end,and prevent and control risks at the tuyvents.We should guide people’s thinking about the rule of law at the grassroots level,and let them realize that "the law is the last line of defense to safeguard their own rights and interests",rather than "the law is the only way to safeguard their legitimate rights and interests".The article is divided into four chapters: introduction to the simple introduction of the topic selection cause the article,domestic related sources of litigation governance theory research and the introduction of some representative provinces of source of litigation governance practice.The first chapter introduces the basic situation of the investigation on the working mechanism of "One Judge in One Street Town" in A County of Chongqing.First of all,this paper introduces the working mechanism,introduces the content of the working mechanism and the relationship between the working mechanism and the subdistrict office and the dispatched court,and expounds the research purpose.Secondly,it explains the reasons for choosing A county of Chongqing as the research site,and confirms that A county of Chongqing has the value of research.Thirdly,it expounds the data collection and the difficulties encountered in the process of investigation.Finally,the research methods are explained.The second chapter is to collate and analyze the research data of the working mechanism of "One judge in Yijie Town" in A County of Chongqing.Under the working mechanism of "One Judge in One Street Town",the judge of A county participates in the settlement of disputes at the grassroots level through two ways:non-litigation and litigation.Therefore,understand the basic situation of 27 county judges who participate in this working mechanism and the scope of responsibilities of the county judges under this working mechanism.Finally,sort out and analyze the linkage between the county judges and the relevant organizations in charge of the street and town.The third chapter analyzes the main problems existing in the operation of the working mechanism of "One judge in Yijie Town" in A County of Chongqing and the reasons for these problems.There are some problems in the operation of the working mechanism: first of all,there are overlapping responsibilities between the judge of A county and the relevant organizations of the street and town when performing the working mechanism;Secondly,the judge of A county lacks the focus to perform the duties of the working mechanism and fails to make a reasonable distinction between the non-litigation duties and the litigation duties.Thirdly,the scope of the main body of power and responsibility under the working mechanism is too narrow,and the work pressure of the post judge of A county is too high.Finally,the electronic technology adopted by the judge of A county when performing the working mechanism did not meet the needs of the grassroots people,resulting in less use of intelligent electronic technology.The fourth chapter is to put forward specific suggestions to the problems in the operation of the working mechanism of "One judge in One Street Town" in A county of Chongqing.First of all,the linkage between the judge of A county and the relevant organizations of the street town should be strengthened to avoid the situation of overlapping or absence of responsibilities;Secondly,the judge of A county should focus on the performance of the work mechanism and the litigation responsibilities closely related to the work of the judge.Thirdly,the main body of power and responsibility of the working mechanism should be expanded,so that the clerks and judges’ assistants in the team of judges can participate in the working mechanism,so as to reduce the working pressure of judges at the grass-roots level.Finally,the judge of A county should take into account the various groups in the street town and implement the modern electronic technology that meets the needs of the grassroots people to solve disputes,so that each link of the working mechanism of "One street town one judge" has intelligent electronic technology as technical support.To ensure that rural residents can enjoy the same legal services as urban residents through the Internet,big data,artificial intelligence and other intelligent electronic technology.
Keywords/Search Tags:The multiple dispute resolution, Grassroots judicial, Governance of sources of litigation, Construction of litigation service system
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