The report bonus bet365 20th National Congress bonus bet365 Communist Party of China was presented,“Improving the social governance system,Improving the social governance system of joint construction, joint governance and sharing,Improve social governance efficiency,Smooth and standardize the expression of people’s demands、Coordination of Interests、Rights Protection Channel,Everyone is responsible for construction、Everyone is responsible、A social governance community for everyone”。The "Opinions on Strengthening the Construction of Rural Areas under the Rule of Law" issued by the Central Commission for the Comprehensive Rule of Law emphasizes,"Improving judicial measures to provide convenience and benefit to the people,Smoothing the ‘last mile’ of judicial convenience”。Township people’s courts serve as the main force participating in grassroots social governance and strengthening rural construction under the rule of law,On the one hand, it must demonstrate its professional level of rule of law,Use legal professional skills to lead rural governance toward the rule of law;On the other hand, we must adhere to the rule of law and morality、Combined autonomy,Achieving legal and systematic governance、Comprehensive Management、Unified source management,To pursue the optimal governance effect。Great changes have taken place in China’s rural areas in the past ten years in the new era,The role and mechanism of township people’s courts in participating in grassroots social governance have been updated,And formed a dual work structure that is rule-oriented in accordance with the law and oriented in social governance results,The complex work of participating in grassroots social governance has gone beyond the business scope of simple judicial organs,The logical approach has the following three aspects。
Participate in resolving conflicts at the bonus bet365 level
Township People’s Court as a judicial organ,Its basic task is to “determine points and end disputes”,The deeper task is to "resolve conflicts"。The former focuses on objective behavior,The latter focuses on subjective mentality。The township people’s courts are different from higher-level judicial organs,In addition to safeguarding the institutional interests of correct implementation bonus bet365 law,We must also maintain the harmony and stability bonus bet365 countryside and the emotions bonus bet365 parties involved、Dignity and other social interests。The township people’s courts regard “resolving conflicts” as the focus of their work,There are mainly two reasons:。
On the one hand,The cases accepted by the township people’s courts themselves are special。Many cases occur among acquaintances in the neighborhood,Contradictions and disputes are often mixed with complicated historical factors。At this time, if the township people's court "discuss the matter on its own merits",Even if the judgment is made in accordance with the law,The contradiction cannot be completely resolved,But it lays hidden dangers for the next dispute,Even eventually developed into a criminal case。Some scholars have proposed that rural China has now entered a "semi-acquaintance society",But it has not completely changed the environment of "acquaintance society"。With the start bonus bet365 reform and opening up process,China’s rural areas have undergone earth-shaking changes,The choice of basis for dispute resolution faces the contradiction between "external" legal rules and "endogenous" inherent rules,The judicial judgment’s “discussing the matter based on the facts” is likely to be different from the historical disputes superimposed on the current situation bonus bet365 case,This leads to a misalignment between legal supply and the inner demands bonus bet365 parties。So in practice,The process of hearing cases in township people's courts is often a process of reorganizing the "historical superimposed disputes" between the parties,Tend to avoid the judicial decision-making model of “discussing the matter on the facts”,And more people choose to settle cases through mediation。
On the other hand,The work bonus bet365 township people’s courts is also limited by objective factors such as insufficient evidence。For example, lawsuits over neighborhood homestead disputes,Many cases in township people’s courts do not have normative evidence that “conforms to legal form”,In this case,No matter how the judge rules,Neither will convince both parties bonus bet365 law at the same time,Will inevitably lead to appeal,Even eventually developed into a petition-related case,In turn affecting the authority bonus bet365 law。For such a situation,The township people’s court can only conduct mediation,And the basis for mediation cannot directly cite legal normative evidence and factual evidence bonus bet365 case,You can only use favors、Face、Local customs、Persuade public opinion and other social interest factors,Bring both parties to an agreement。Therefore,In the judicial work bonus bet365 township people’s court,Insufficient normative evidence limits the development of "syllogism"-style legal arguments,Judicial staff have to introduce the above-mentioned social interest factors to weigh interests。
Participate in grassroots bonus bet365 management
"Opinions on Strengthening the Construction of Rural Areas under the Rule of Law" pointed out,“Uphold and strengthen the party’s leadership in rural construction under the rule of law,Adhere to the leadership position of rural grassroots party organizations,Strengthening the construction of rural grassroots party organizations,Give full play to the fighting fortress role of rural grassroots party organizations and the vanguard and exemplary role of party members,Ensure that rural construction under the rule of law always develops in the right direction”。Township people’s courts are an important force in rural construction under the rule of law,We should give full play to the institutional advantages of "adhering to the leadership bonus bet365 Communist Party of China" and "adhering to the comprehensive rule of law"。
On the one hand,Make full use bonus bet365 political advantages bonus bet365 Party branch bonus bet365 Township People’s Court,Improving the political position of dispute resolution,Actively integrate into the social governance system led by township party organizations,Realize and Township Police Station、Judicial Office、Tax Office、Industrial and Commercial Office、Institute of Land and Resources、Social linkage of grassroots mass autonomous organizations,Integrate resources from all aspects,Achieve comprehensive management of conflicts and disputes。Thus embedding party leadership into trial work,Further radiate the judicial function into the field of social governance,Promote judicial trials to extend to the source of disputes,Promote the management of litigation sources。
On the other hand,Township People’s Court is an important place for the state to “regulate law enforcement” in rural areas,The country’s concept of rule of law should be conveyed through its judicial actions,Influence people’s social behavior,Finally formed a belief in the rule of law。The key to the social impact bonus bet365 judicial behavior bonus bet365 township people's courts lies in the degree of "standardization"。To unify cross-domain justice at the legal and technical level,Two things must be done: First, discipline the members bonus bet365 township people’s courts;The second is the standardized regulation of township people’s courts。The key to the sinking of state power is the sinking of staff,The more it is in rural areas where the degree of legalization is relatively low,The greater the need for a legal team that has been “standardized and trained”。It is necessary to improve the treatment of staff in township people’s courts,Attract outstanding legal talents to settle in rural areas,Let rural judges see the vast space for promotion and ambition;The training of township people’s court staff should be strengthened,Improving the “four consciousnesses” and business level,Help give full play to the advantages bonus bet365 “national one-game chess system”,Establish fairness in township people’s courts、Efficient、The image of authority。
Participate in grassroots bonus bet365 services
"Guiding Opinions on Strengthening and Improving Rural Governance" points out,“Establish and improve party committee leadership、The government is responsible、Social collaboration、Public Participation、Guarantee bonus bet365 rule of law、Modern rural social governance system supported by science and technology”,Township People’s Court from the perspective of professional division of labor,Mainly plays the role of ensuring the rule of law,But in practice its work is comprehensive,In addition to ensuring the rule of law, there is also comprehensive public security、Old Village Renovation、Grid Member、Cultural and legal propaganda,Even other jobs such as environmental sanitation management。Unlike high-level judicial agencies, they have a clear definition of their work scope,The legal boundaries bonus bet365 township people’s courts are blurred,As the saying goes, "Thousands of lines above,A needle below”,It participates in grassroots social governance by providing a full range of social services。
First,Based on the provisions bonus bet365 "Organic Law bonus bet365 People's Courts bonus bet365 People's Republic of China" and the "People's Mediation Law bonus bet365 People's Republic of China",The township people’s court is responsible for guiding the work bonus bet365 people’s mediation committee,We should actively cooperate with the judicial administrative department to mediate people’s mediators、Training on judicial confirmation and litigation docking。Secondly,The township people’s courts should adhere to the development bonus bet365 “Maple Bridge Experience” in the new era in work practice,Integrate a variety of conflict and dispute resolution resources,Building a "comprehensive" and "one-stop" diversified conflict and dispute resolution platform,Earnestly realize that "little things don't leave the village"、Don’t leave home for big things”。With the advent bonus bet365 digital age,Dispute resolution methods are gradually moving online,The Township People’s Court is responsible for online legal consultation for parties、Case Assessment、Multiple guidance tasks of negotiation and technology,Provide a foundation for the popularization of online dispute resolution mechanism (ODR) in rural areas。Townships where conditions permit can also establish convenient litigation service stations,Carry out case filing and prosecution、Information inquiry and reception,Provide one-stop shop for the masses、Intensification、Comprehensive "door-to-door legal services"。Last,Grassroots people’s courts should strengthen the promotion bonus bet365 rule of law,Judges from grassroots people’s courts can serve as “vice principals for rule of law” in local primary and secondary schools,Party member judges can serve as the village’s “legal advisor”,Promptly promote agricultural-related laws,Enable national government orders to be communicated to the public。
(The author is an associate professor at Qingdao University bonus bet365 School)
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