The Logic and Approach of Managing the Source of Litigation in Urban People's Court:Centered on the"Huaxiang Case"in the Construction of People's Courts in the New Era
A case study based on the"Huaxiang experience"shows that governance of sources of litigation is the main strategy for urban people's courts to participate in grassroots social governance.Governance of sources of litigation basically covers the whole process before and after a dispute occurs.Before a dispute occurs,risk prediction is the main focus;during dispute resolution,work guidelines,mediation guidance,and referee reasoning are the main methods;after dispute resolution,judicial advice is the main focus.The source of litigation management strategy in people's court implements the dual logic of"policies-law"and"crossover-defense".The former is the general logic of the people's courts,while the latter is the unique logic of the urban people's courts.There are structural tensions within the dual logic.The relationship between urban people's courts and other governance subjects should shift from jurisdictional competition to jurisdictional cooperation,actively create"intentional blurring of boundaries"through litigation source governance,and cooperate with other non-judicial forces to jointly resolve complex issues.
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