The 20th National CPC Report on the Party is proposed,"Improve the social governance system,Improve the social governance system of co -construction and co -governance sharing,Improve social governance efficiency,Unblocked and regulates the demands of the masses、Interest coordination、Equity Protection Channel,Everyone is responsible for construction、Everyone is responsible、A community of social governance that everyone enjoyed "。The "Opinions on Strengthening the Construction of Rural Rural Rural Construction" issued by the Central Committee of the Central Committee in accordance with the law of the Central Committee is emphasized,"Measures to improve the measures for the people and the people to benefit the people,Unblocked judicial convenience ‘last mile’ ”。The Township People's Court as the main force to participate in the grassroots social governance and strengthen the construction of rural construction in the rule of law,On the one hand, it is necessary to highlight its professional level of rule of law,Use legal professional skills to lead rural governance to the rule of law; on the other hand, we must adhere to the rule of law and moral governance、Combination of autonomy,Realize governance and system governance、Comprehensive governance、Unified source governance,To pursue the best governance effect。Great changes have occurred in the rural village in the new era,The roles and mechanisms of the township people's court participated in grass -roots social governance are updated.,and formed a dual working structure with the rule -oriented and social governance Bet365 lotto review results in accordance with the rule of law,The complexity of its participation in grassroots social governance has surpassed the business scope of simply judicial organs,It has the following three aspects in its logic.。
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The township people's court as a judiciary,Its basic task is "fixed scores",Deeper task is to "resolve contradictions"。The former focuses on objective behavior,The latter focuses on subjective mentality。The township people's court is different from the high level of judicial organs,It except the institutional interests implemented by the correct implementation of the law,It is also necessary to maintain the harmony and stability of the countryside and the emotions of the parties、Social interests such as dignity。The township people's court will "resolve contradictions" as the focus of work,The main reasons for the following two aspects。
On the one hand,The case accepted by the Township People's Court has special characteristics。Many cases occur between acquaintances in the neighborhood,Contradictions and disputes are often mixed with intricate historical factors。At this time, if the township people's court "talk about things",Even if a referee was made according to law,Can't completely resolve contradictions,Instead, it laid hidden dangers for the occurrence of the next dispute,Even eventually developed into a criminal case。Some scholars have proposed that the countryside of China has now entered the "half -acquaintance society",but did not completely change the environment of "acquaintance society"。The start of the process of reform and opening up,Troubleshooting changes in rural China,The choice of the basis for the resolution of disputes is facing the contradiction between the rules of the rule of law and the inherent rules of "endogenous",bet365 live casino games The "True True True" of the judicial judgment is likely to be in the historical disputes of the case.,As a result, the legal supply and the parties' inner demands are misplaced。Therefore, in practice,The process of trialing the case of the township people's court is often the process of re -sorting the "historical overlap dispute" of both parties,tend to avoid the judicial judgment mode of "discussing things",and more choose to use the mediation method。
On the other hand,The work of the township people's court is also limited by objective factors of insufficient evidence。For example, a voting of disputes in the neighborhood homestead,Many cases of many cases of the township people's court do not have the "legal form" specification evidence,In this case,No matter how the judge judges,Nothing will make both parties convince the law at the same time,It will inevitably lead to appeal,Even finally developed into a case -related petition case,Then affect the authority of the law。For this situation,The Township People's Court can only mediate,and the basis for mediation cannot directly quote the regulatory evidence of the law and the factual evidence of the case,Can only be used、Face、Local customs、Public opinion and other social interest factors for persuasion,Reached an agreement on both parties。Therefore,In the judicial work of the township people's court,Insufficient regulatory evidence is limited to the development of the "three -paragraph" legal argument,Judicial staff has to introduce the above social interest factors for interest measurement。
Participate in grassroots social management
"Opinions on Strengthening the Construction of Rural Rural Construction" pointed out,"Persist in and strengthen the party's leadership of the construction of rural rule of law,Adhere to the leadership of rural grassroots party organizations,Strengthen the construction of rural grassroots party bet365 Play online games organizations,Give full play to the role of combat fortress of rural grassroots party organizations and the role of party members vanguard,Ensure that the construction of the countryside of the rule of law has always developed along the correct direction "。The Township People's Court is an important force for the construction of the rural construction of the rule of law,You should also play the institutional advantages of "adhere to the leadership of the Communist Party of China" and "adhere to the system in accordance with the law"。
On the one hand,Make full use of the political advantage of the party branch of the township and township people's courts,Political standing of raising dispute resolution,Active integration into the social governance system led by the township party organization,Realize the township police station、Judicial Office、Taxation、Industry and Commerce、Land Resources Institute、Social linkage of grass -roots mass autonomous organizations,Integrate resources in all aspects,Comprehensive governance of realizing contradictions and disputes。Therefore, the party's leadership is embedded in the trial work,Further radiate the trial function to the field of social governance,Promoting judicial trial work extend to the source of disputes,Promoting the governance of the sources。
On the other hand,The Township People's Court is an important field for the country to "regulate enforcement" in the countryside,It should be transmitted through its judicial behavior to convey the country's rule of law,Affects people’s social behavior,Finally formed a kind of rule of law belief。The key to the impact of the social impact of the people's court in the township and township lies in the extent of its "standardization"。To make cross -domain justice unified at the legal and technical level,bet365 best casino games Must do two points: First, the rules of the personnel of the township and township people's courts; the other is the standardized regulation of the township and township people's courts。The key to sinking national power is the sinking of the staff,The more rural areas with a relatively low degree of rule of law,The more you need to "be trained", the more the rule of law team。To improve the treatment of staff of the township people's courts,Attract outstanding legal talents to enter the countryside,Let rural judges see the vast space of promotion and exhibitions; the training of staff of the township people's courts should be strengthened,Improve the "Four Consciousness" and business level,Giving full play to help the "National Advantages of the National Studies",Establish the fairness of the township and township people's court、Efficient、Authoritative image。
Participate in grassroots social services
"Guiding Opinions on Strengthening and Improve Rural Governance" points out,"Establish and improve the leadership of the party committee、The government is responsible、Social Cooperation、Public participation、Rule of Law Guarantee、Modern rural social governance system supported by technology ",The Township People's Court perspective from the professional division of labor,It mainly plays a role in the protection of the rule of law,But the work in practice is comprehensive,In addition to the guarantee of the rule of law, there are comprehensive security、Reconstruction of the Old Village、Grid staff、Culture and Law Publicity,Even other tasks such as environmental sanitation。Different judicial organs that are different from the high level have a clear scope of work definition,The legal duty of the Township People's Court is blurred,The so -called "Thousands of Lines above,The following needle ",It is involved in grassroots social governance by providing a comprehensive social service。
First,According to the "Organization Law of the bet365 Play online games People's Court of the People's Republic of China" and the "People's Republic of China People's Republic of the People's Republic of China",The Township People's Court undertakes the work task of guiding the people's mediation committee,Actively cooperate with the judicial administrative department to mediate to the people's medmor、Training in the docking of judicial confirmation and litigation。Next,The township people's court should adhere to the development of the new era "Fengqiao Experience",Integrate multiple contradictions and disputes to resolve resources,Building "comprehensive" and "one -stop" conflict and dispute diversified resolution platform,Effectively achieve "small things can't go out of the village、Do not go out of the country "。With the arrival of the digital age,Dispute solution is gradually transferred to online,The township people's court bears online legal consultation to the parties、Case evaluation、Multiple guidance tasks of negotiations and technology,Provide the foundation for the popularity of the online dispute resolution mechanism (ODR) in the countryside。Conditional towns can also establish a citizenship litigation service station,Pilotting the case、Information query and reception interview,provided a one -stop formula for the masses、Collection、Comprehensive "On -site Legal Services"。Last,The grassroots people's court should strengthen the publicity of the rule of law,Judges of the grassroots people's court can serve as "Vice President of the rule of law" in local primary and secondary schools,Party member judges can serve as the "legal consultant" of the village,Instantly do a good job in agriculture -related law,enable the national government order to be issued。
(Author is an associate professor in Qingdao University Law School)
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