| China is at a crucial stage of social transformation towards a new economic and social form,the structural transformation of society prompts our Party and country to actively explore new social governance models to respond to the practical needs of the society,justice is gradually playing an indispensable role in social governance.As an important way to extend the judicial function of the grass-roots people’s courts,judicial recommendation plays a role in social governance such as plugging loopholes,preventing and controlling risks and providing policy guidance,which is of great significance for improving the service level of judicial participation in social governance.However,in judicial practice,judicial recommendation still shows the characteristics of low recognition,weak effect and legitimacy,which are manifested in three aspects: uneven quality affects social recognition,feedback affects effectiveness and questions of power transgression affects legitimacy.The operation of judicial recommendation system is in urgent need of development and improvement.To analyse the causes of the predicament of the grass-roots people’s court in social governance,from the perspective of internal factors,judicial recommendation does not have mandatory legal effect,and its system standardization is obviously insufficient,so the grass-roots people’s court is not subject to compulsory constraints that resulting in uneven quality of judicial advice;the actual expansion of the function of judicial recommendation further leads to the questions of power transgression and weakens its legitimacy;and the idealized functional orientation of the grass-roots people’s court lead to ignore the asymmetry of information and the difference of position between the court and the subject advised,which leads to the existence of low feedback rate.From the perspective of external factors,there is a lack of interaction between the grass-roots people’s court and the subject advised,and there is also a problem of ineffective supervision of judicial recommendation,which leads to insufficient follow-up of judicial recommendation,and thus difficult to maintain the long-term operation of judicial recommendation.The work of judicial recommendation is a systematic project.On the one hand,to improve the effectiveness of the judicial recommendation of grass-roots people’s courts,we should follow the legal thinking,and make a clear distinction of the boundary and improve effectiveness of judicial recommendation according to the legal logic.On the other hand,the concept of social governance should be implemented.On the basis of strengthening the positive interaction among the subjects of judicial recommendation to promote collaborative governance,we should implement appropriate disclosure of judicial recommendation to realize the information openness and transparency.At the same time,the assessment and incentive supporting mechanism should be used to promote the generation of high-quality judicial recommendation of the grass-roots people’s courts,and the social governance effectiveness of judicial recommendation of the grass-roots people’s courts should be promoted through normal supervision.Judicial recommendation is an important means of judicial participation in social governance,which should respond to social needs positively and play its due social governance function under the background that the center of social governance has moved down to the grassroots.Therefore,on the basis of existing research,literature research method,empirical research method and case analysis method are used to analyze the judicial recommendation of grass-roots people’s courts to participate in social governance,and put forward the optimization suggestions of opening judicial recommendation moderately,constructing the judicial recommendation collaborative governance mechanism and safeguard mechanism.In addition,in order to further clarify the role of grass-roots people’s courts in participating in social governance with judicial recommendation and the operating boundary of judicial recommendation,the anomic part of the judicial recommendation system is discussed in the context of grass-roots social governance in this paper,so as to provide reference for grass-roots people’s courts to realize modernization of social governance. |
