诉源治理视域下三调联动体系构建及机制创新

Research on the Construction and Mechanism Innovation of Three-conciliation Linkage System from the Perspective of Litigation Source Governance

社会经济的深刻转型对社会治理产生重要影响,建立符合社会发展特征并满足人民现实需要的纠纷解决机制,是创新和加强社会治理的重要内容。在诉源治理中通过融合人民调解、行政调解、司法调解的“三调联动”工作体系,构建了矛盾纠纷多元化解新格局。文章梳理了三类调解形式的历史发展过程及面临现实问题,以贵州省“三调联动”体系为案例分析,发现人民调解法治保障不足,行政调解程序不统一、调解管辖不明晰,司法调解存在调解和审判职责如何有效运行、调解时限要求过于笼统、任意反悔权等问题。通过构建区隔与融贯相结合、制度性联动、数据赋能“三调联动”有机体的工作机制,从而充分发挥“三调联动”从源头上调解纠纷的综合治理效能。

It is an important part of innovating and strengthening social governance to correctly understand the important impact of the profound transformation of social economy on social governance, and to establish a dispute resolution mechanism that conforms to the characteristics of social development and meets the practical needs of the people. The three-conciliation linkage system has built a new pattern of diversified solutions to conflicts and disputes through the integration of people’s conciliation, administrative conciliation and judicial conciliation in the litigation source governance. By sorting out the historical development process of these three conciliation forms and the practical problems faced, combined with the analysis of cases in Guizhou Province, the respective problems of these three forms are as follows: insufficient legal protection in people’s conciliation, non-unified procedures and undefined conciliation jurisdiction in administrative conciliation, and in judicial conciliation there are problems such as how to effectively operate conciliation and judicial responsibilities, requirements for conciliation time limit are too general, and the right to arbitrarily renege. Innovating the linkage mechanism of the three conciliations by building a combination of separation and integration, working mechanism of institutional linkage, data empowerment and creating the linkage organism of the three conciliations gives full play to the comprehensive effectiveness of the linkage to dispute conciliation from the source.