Research On The Judicial Proposal In Participating In Social Governance

China has been exploring social governance model to construct the social order in contemporary,although the present administration still plays a leading role,there is no doubt that the judicial governance,as a social governance mode,is playing an irreplaceable role at the present.Judicial suggestion is one of the important ways to participate in social management.Judicial proposal has been produced since our country founding.Now it is the way of the court to assume social responsibility and the way to provide social justice service.It has many social governance functions.It has the function of preventing social disputes,improving the legal consciousness of social subjects,participating in public policy and other social governance functions.Through the Shanghai judicial proposal database data and previous judicial proposal research analysis,we can find that the dilemma of judicial proposal in participating in the social governance is mainly the poor governance effect,show in two aspects:the feedback influence management effect and quality influence management effect.Many scholars believe that the root cause of the poor effect of judicial advice is that the law does not give the judicial recommendations coercive force,the person that suggested has no obligation to give feedback to the court.However,the author thinks that the fundamental reason is that the subject suggested lack the social governance subject consciousness,"passive" to accept the court's judicial suggestions,the judicial suggestions turn into little improvement of the system and working methods of the measures.Another important reason is that the quality of judicial proposals,although the court has a natural advantage in contacting information,but because of the knowledge structure and trial experience,sometimes proposals are empty and abstract,such as "management","enhance the consciousness ",not persuasive for the subject was proposed,which led to the judicial suggestions low degree of social recognition.Therefore,the current system of judicial proposals does not fully play the role of governance.The reason for these problems is the judicial function deviation of the proposed system,the system designer positioned it as a "solution provider",although this function is too ideal,but also can provide governance no ground for blame,so we have to perfect ways to improve the system of judicial proposals.Different governance body extensive interaction and participation together solving the social problems is the inherent requirement of social governance.To enhance the real social governance effect of judicial proposals,we should adhere to the "localization" context of judicial proposal system,should use the social governance thinking to improve the judicial recommendation system,include an open mechanism,interactive mechanism and supporting mechanism.The establishment of the open mechanism can let the society understand judicial suggestions more and get social identity.Interaction mechanism will make the court know more about the suggested body,thus making the high quality of judicial suggestions,and promote the proposed main body to carry out the judicial proposals,strengthen the governance of social subjects,so as to enhance the effectiveness of judicial recommendations.The judicial proposal system is the characteristics judicial system in China,as an important way of judicial participating in social governance,in the period of social transition actively play the governance function.But the judicial proposal system must adhere to the boundary of the judicial power,to prevent the alienation of judicial suggestions.On the basis of previous studies,this paper elaborates the social governance functions of judicial suggestions and theoretical basis,uses the theory of social governance to improve the system of judicial proposals,in order to resolve the plight of the current judicial recommendation system with the help of governance thinking,so as to contribute to the development of the judicial proposal system,in order to improve the effectiveness of social governance and promote the social governance.