新市民权利的司法救济机制构建与完善--以协商纠纷解决机制为视角

Construction and improvement of judicial relief mechanism for new citizens' rights——From the perspective of mechanism of resolving dispute by negotiation

伴随着经济发展和城镇化转型升级,新市民已经成为城市发展建设的新生力量。在新市民权利保障中,依托司法救济力量,建立协商纠纷解决机制是缓解各类矛盾、高效解决问题的重要路径。通过对某基层人民法院2015年至2017年审结的涉及新市民类型案件进行实证考察,梳理出基层法院司法解决新市民诉讼案件存在的问题。依据协商解决纠纷机制的理论,提出协商解决纠纷机制原则和构建基层法院多样化的协商纠纷解决制度:构建群体性诉讼案件集体协商制;构建检察院支持协商、起诉制度;构建新市民法律援助协商制度;建立协商与诉讼转换机制;违反协商的责任及救济机制。

With the economic development and the transformation and upgrading of urbanization,the new citizens have become a new force in urban development and construction.In the protection of new citizens’rights,relying on judicial relief forces to establish a mechanism of resolving dispute by negotiation is an important way to alleviate various contradictions and solve problems efficiently.Through an empirical investigation of the cases involving new citizens concluded by a grassroots people’s court from 2015 to 2017,the problems of the judicial settlement of new citizens’lawsuits by the grassroots court were sorted out.According to the theory of the mechanism of resolving dispute by negotiation,put forward the principle of the mechanism of resolving dispute by negotiation and construct multiple systems of resolving dispute by negotiation for grassroots courts:constructing a collective negotiation system for group litigation cases;constructing a negotiation and prosecution system supported by the procuratorate;constructing a legal aid negotiation system for new citizens;establishing a conversion mechanism between negotiation and litigation;and establishing a responsibility and relief mechanism of violating the negotiation.