基于诉源治理的法治化营商环境研究综述

A Review of Research on Legalized Business Environment Based on Litigation Source Governance

近年来,将诉源治理目标与法治化营商环境建设统筹结合研究是一个热门课题,基于诉源治理的法治化营商环境建设的发展历程、治理逻辑机理、建设现状是研究的主要领域。“市场经济本质是法治经济”的论断及其实践促进了经济领域改革的法治化方式应用,催生了包括诉源治理在内的多元治理手段的兴起,也为法治化营商环境建设设定了现实语境。强调矛盾纠纷“源头预防、前端化解、关口把控”的治理理念,使得诉源治理必须充分考虑治理主体、治理内容及治理手段的涵盖范围与应用形式,以契合当下治理诉求与治理理念的脱节、治理主体与治理手段的单一的不适症。

In recent years,the study of integrating the goal of litigation source governance with the construction of a legal business environment has become a hot topic.The development process,governance logic mechanism,and current situation of the construction of a legal business environment based on litigation source governance are the main areas of research.The statement that“the essence of a market economy is a rule of law economy”and its practice have promoted the application of the rule of law approach in the economic field reform,spurred the rise of diversified governance methods,including source of litigation governance,and also set a realistic context for the construction of a rule of law business environment.Emphasizing the governance concept of“source prevention,front-end resolution,and gateway control”for conflicts and disputes,the governance of litigation sources must fully consider the scope and application form of governance subjects,governance content,and governance methods,in order to meet the current disconnect between governance demands and governance concepts,as well as the single discomfort between governance subjects and governance methods.