The Jurisprudential Basis Of The People’s Court’s Participation In The Governance Of Litigation Sources ——An Analysis Based On Normativism And Functionalism

In order to solve the contradiction of "many cases and few people",in 2016,the people’s Court of Chengdu,Sichuan focused on exploring the reform plan of litigation source governance on the basis of absorbing the "Fengqiao Experience",achieved good results and was affirmed by the central government,and then launched the exploration of litigation source governance reform throughout the country.The governance of sources of litigation is actually one of the ways of social governance.Under the traditional concept,the court exercises judicial power.The legal basis of the people’s court’s participation in the governance of sources of litigation can not be ignored.At the same time,the analysis of the legal basis is also conducive to clarifying what role and authority the people’s court should play in the governance of sources of litigation.According to the different stages from the emergence of contradictions to the entry of litigation,the governance of litigation sources is divided into three levels: one is to avoid and reduce the occurrence of disputes in grass-roots governance,the other is to avoid the formation of litigation through existing disputes,and the third is to resolve litigation disputes through litigation non connection channels.On this basis,the exploration of nationwide reform pilot is summarized.Before contradictions and disputes arise,the court mainly governs them through Legal Popularization Education and publicity and joint with industry associations;After contradictions and disputes arise,the court mainly prevents disputes from entering the litigation procedure and resolving them on the spot by improving the mediation mechanism and guiding social forces to participate in mediation;After the contradictions and disputes enter the litigation,the court mainly provides convenience for the parties by improving the connection channels between litigation and non-litigation and simplifying the trial process,so as to resolve the disputes efficiently.On the premise of clarifying the specific work content of the people’s court’s participation in the reform of litigation source governance,its legitimacy is examined through normativism.The description of the functions of the people’s courts in the organic law of the people’s courts and the law on judges only includes judicial adjudication and does not include the attribute of social governance.However,China’s constitution stipulates the principle of "taking the people as the center".The participation of the people’s courts in the reform of litigation source governance is the embodiment of the people’s nature and meets the constitutional requirements of a higher level.At the same time,the participation of the people’s courts in the reform of litigation source governance does not violate the characteristics of judicial power,It will not damage the authority of the people’s court,which is the legal basis from the perspective of normativism.From the perspective of functionalism,the primary purpose of the organization’s function is to meet the needs.The people’s court’s participation in the governance of litigation sources meets the needs of the state and the people.At the same time,it is also conducive to solving the internal problems of the people’s court,which is the legal basis from the perspective of functionalism.The legal basis of normativism and functionalism ultimately belongs to the concept of "justice for the people",but the connotation of "justice for the people" is too rich.Through the re interpretation of "justice for the people",it is clear that the source of litigation governance and judicial adjudication are not opposite,but parallel ways to resolve contradictions and disputes.At the same time,the people’s court should take the trial work as the core,and its social governance work should not conflict with the trial work.On the premise of reaching the above consensus,this paper analyzes the alienation phenomenon in some current pilot projects,makes a clear division of labor for the governance of litigation sources through the dichotomy of judicial resources,and effectively carries out the governance of litigation sources and prevents the emergence of alienation on the premise of ensuring the trial work.