Conceptual Renovation and Pathway Optimization in Governance of Litigation at the Source in Primary People s Courts
The governance of litigation at the source,implemented by the primary people's courts,has made significant progress and achieved essential outcomes in recent years.However,there are also many difficulties such as the lack of clear delineation in the functions and boundaries of the people's courts,the ambiguity of roles and responsibilities,the courts'de facto leadership in source governance,and the alienation of pre-litigation governance.Therefore,a fundamental reform of the basic concept of the governance of litigation at the source is necessary.It is essential to recognize that the progress of the"governance of litigation at the source"practice is not a"line"but a"cycle".Its fundamental goal should not be solely focused on addressing the issue of judicial personnel shortage caused by a high volume of cases,but on ultimate dispute resolution.The governance of litigation at the source aims to further strengthen the diversification of dispute resolution.Based on these observations,it is evident that the governance of litigation at the source in primary people's courts should focus on substantively resolving disputes through adjudication,enhancing"pre-litigation mediation"mechanisms,actively integrating into the broader framework of comprehensive source governance,fully leveraging the frontline role of people's tribunals in resolving local disputes,and accelerating the development of intelligent courts.
primary people's courtsgovernance of litigation at the sourcejudicial resolutionpre-litigation mediationcomprehensive governance