司法资源参与社会治理现状分析——以基层法院纠纷化解为例

Analysis of the Status Quo of Involving Judicial Resource into Social Administration——Taking Dispute Resolution in Grass-roots Courts for an Example

转型时期社会矛盾多发、纠纷化解难度增大,需要通过法治方式从制度上理顺利益分配关系与纠纷解决规则。然而,实践中出现的对"形式法治"的认识偏差,将司法视为纠纷化解的最先、最优甚至唯一途径,导致司法资源透支与纠纷总量不减。十八届三中全会提出创新社会治理体制,重要内容之一是推动纠纷预防与化解制度的创新与完善。司法资源参与社会治理是化解纠纷的重要手段。

In the transition period, social contradictions and disputes are more diffcult to resolve, and there is a need to institutionally rationalize beneft distribution relationship and dispute settlement regulations through the rule of law. However, in practice, the recognition deviation towards “formal rule of law” appears by taking judicature as the frst, optimal and even the only way to dispute resolution, which leads to the overdraft of judicial resources and unchanged total amount of disputes. The third plenary session of the 18th central committee put forward the innovation and social governance system. One of the important contents is to promote the innovation and perfection of the system of preventing and resolving disputes. The participation of judicial resources and social governance are considered to be an important means to resolve disputes.