乡村振兴视阈下诉源治理的正当基础及实践路径

The Proper Basis and Practical Path of Governance with the Root Causes of Litigation in the Context of Rural Revitalization

作为新时代"枫桥经验"的法院样板,诉源治理是实现基层社会治理现代化和法治化的关键路径。然囿于关涉诉源治理的顶层设计暂付阙如,实践与理论对诉源治理存在一定误解,以致部分法院在践行诉源治理过程中存在诸多失范行为。为推进人民法院科学践行诉源治理,学界实有必要就诉源治理的正当基础与实践路径进行理论澄清与体系建构。基于功能论视角发现,诉源治理的正当性体现于为解决法院"案多人少"问题寻求破解之径,因应了人民群众多元解纷需求的供给侧改革,为形成共建共治共享的社会治理格局提出了具体方案,传承和拓展了"枫桥经验"法治文化。为进一步推广和践行诉源治理,人民法院应从末梢管理转向源头治理,从一元治理转向多元共治,从消极司法转向积极司法,从化讼止争转向少诉无讼。

As the model of the Fengqiao experience in promoting social harmony in the new era,governance with the root causes of litigation is the key path to realize the modernization and legalization of community-level governance.However,due to the lack of top-level design on governance with the root cause of litigation,there are many misunderstandings in practice and theory,so that it appears lots of misconduct of court in process of practicing governance with the root causes of litigation.To promote courts’practice of governance with the root causes of litigation,it is necessary to clarify the theoretical basis and practical path of governance with the root causes of litigation and to construct the system of it.From the perspective of functionalism,the justness of governance with the root causes of litigation is reflected in solutions to the civil problem of few judges for many cases,supply-side structural reform in response to the people’s diverse demand for dispute resolution,specific programs for the formation of a social structure based on collaboration and broad participation with the goal to bring benefits to all,inheriting and expanding the culture of rule by law named the Fengqiao experience.To further promote and practice governance with the root causes of litigation,courts shall change from governance with the end to governance with the root causes of litigation,from the unitary governance to the multiple broad participation,from passive justice to active justice and from disputes resolved through litigation to non-litigation.