新时代人民法庭参与社区治理之路径

The Path for The People’s Courts to Participate in Community Governance in The New Era

社区是构成社会生活的基本单位,社区治理是社会治理的基本依托,加强基层社区治理的法治化,是全面推进依法治国、建设法治社会的保障性措施。人民法庭是司法服务基层治理的最前沿,其所具备的地域优势、专业优势、职能优势等特质,与基层治理工作相契合,人民法庭应充分发挥自身优势,参与到社区治理工作中。但当前人民法庭还存在参与社区治理的相关制度保障不够完善、具体运行机制不够明晰、人员和设备保障尚显不足、设置与运行机制不尽合理等困境。探索新时代人民法庭参与社区治理路径,应从理念层面充分认识并赋予人民法庭参与社区治理之职能,制度层面以高位阶法律规定为人民法庭参与社区治理提供法律依据,同时完善人民法庭参与社区治理的运行机制与横向协作治理机制,以不断推进多层次多领域依法治理,提升社会治理法治化水平。

Community is the basic unit of social life, and community governance is the basic support of the social governance. Strengthening the law-based governance in grassroots communities is a guarantee measurement to comprehensively promote the rule of law and build a law-based society. People’s courts are the forefront of judicial service for grassroots governance, and the regional advantages, professional advantages and functional advantages that they reserved are matched with grassroots governance work. People’s courts should give full play to their own advantages and participate in community governance work. However, at present, the people’s courts still have difficulties in participating in community governance, such as imperfect system guarantee, unclear specific operation mechanism, insufficient personnel and equipment guarantee, and unreasonable setup and operation. To explore the approaches for people’s courts participating in community governance in the new era, we should fully aware and enshrine the function of people’s courts to participate in community governance from the concept level, provide legal basis for people’s courts to participate in community governance from the system level with high-level legal provisions, and improve the operation mechanism of people’s courts as well as the horizontal coordination governance mechanism of people’s courts to participate in community governance, and to realize the rule of law in community in the end.