Research On The Function Of People’s Courts To Participate In Rural Grassroots Governance

Along with the in-depth development of the comprehensive work of governing the country according to law,the party and the state emphasize the need to improve the governance pattern of grassroots society,improve the governance system,focus on strengthening the rule of law guarantee in grassroots society,and use rule of law thinking and methods to resolve conflicts.Rural society is an important part of grassroots society,and the rule of law can effectively maintain rural social stability and ensure and promote rural revitalization.As the dispatched organs of grassroots courts,people’s courts can not only settle disputes through the division of trial duties or settle conflicts through mediation work,and are the "frontier position" for resolving disputes in rural society,and at the same time the main force of rural legal education.People’s courts at the grassroots level in rural areas can directly and conveniently contact the rural masses,and promptly give feedback and actively respond to the judicial needs of the people.Because of their unique local advantages and rule of law advantages,people’s courts have become an important part of grassroots governance,and their status and role in the current national governance system has become increasingly prominent.In this context,how to deeply involve the people’s courts in rural grassroots governance and how to improve their governance capacity is an urgent issue to be solved.In this regard,this paper analyzes the relevant literature and through some empirical research advocates that the function of people’s courts in participating in rural grassroots governance should be studied,which is an extension of the function of people’s courts.First of all,after sorting out the historical evolution of the functions of people’s courts,the main functions of people’s courts in participating in rural grassroots governance at the present stage are positioned.Only by accurately grasping the functions of people’s courts in the new situation can they better promote their participation in rural governance;Then summarize the difficulties encountered in the specific operation of the three major functions: the judicial trial function is mainly faced with a large number of cases,poor service and implementation problems;dispute mediation function of the source of governance there is a risk of hollowing out the registration system,litigation mediation there is excessive regulation to the detriment of substantive justice and other issues;the rule of law publicity function is not enough attention,the popularization of law needs to strengthen the way to be innovative;The causes of the difficulties in the operation of the three functions of the people’s courts were then analyzed: the poor operation of the judicial trial function is mainly due to the ineffective implementation of the mechanism for the simple and complicated separation of cases;the poor operation of the dispute mediation function is due to the failure of the people’s courts to position their role in retrospective governance and the lack of effective supervision in the process of litigation regulation;the unsound assessment and incentive mechanism for the popularization of law is the main reason for the poor operation of the rule of law publicity function;Finally,we propose a perfect path for the people’s court to participate in the function of rural grassroots governance.On the basis of clarifying the relationship between the functions of the people’s court and the analysis of the previous problems and causes,the theory and practice are combined to propose specific improvement paths for each function.Such as the construction and implementation of a reasonable and effective case complexity and simplicity streaming mechanism,optimize the allocation of court resources,clarify the role of the people’s court in the governance of the source of litigation,improve the mechanism of multi-dimensional dispute resolution,the implementation of the responsibility system of legal literacy,etc.