| China's public complaints system has its unique positive social effects and the three major functions of communication supervision,right relief and social safety valve.However,such problems as ineffective results of dispute settlement,functional alienation,and social risks brought by public complaints itself also exist,so it is imperative to strengthen governance in the field of public complaints.In the long-term governance practices,China has formed the governance pattern of “one axis and shared governance by all”.Under the dimension of “shared governance”,it is the compelling obligation of People's Court to get involved in public complaints as a judicial organ.Meanwhile,since court has so many advantages in conflict and dispute settlement such as high social recognition,strong professionalism,and good final results,it will definitely leverage its unique functional advantages in public complaints governance.However,currently,the collision in positioning between judicial identity and social identity,collision in system between judicial final decisions and public complaints practices,and collision in supply and demand between judicial supply and public complaints demand have become three major constraints for court involvement in public complaints governance.Based on the reality of court work and targeting the characteristics of public complaints problems in the source governance stage,preliminary litigation stage,vicarious transitional stage,and conflict explosion stage,courts should correspondingly play a good role of guides,referees,receptionists,and mediators,and comprehensively adopt the three means of mediation,punishment and informationization to do a good job in public complaints governance.In addition,courts can build and perfect the four mechanisms of assessment and early warning,judicial assistance,public complaints punishment,and team building,form a long-term mechanism for public complaints governance,and further deepen the governance effects. |
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