Judicial governance plays an important role in the national governance system among all countries.And the governance of litigation-related petitions in it is a typical"Chinese problem",which reflects the comprehensive contradictions about economics,politics,culture,society and the rule of law,and demonstrates the dissonance between the existing litigation system and the society because of the dis-ability of the former to adapt to needs of real litigations.The litigation-related petition in China has sever-al characteristics,such as opposite positions of both parties,the complexity of the procedure,varied cir-cumstances in individual cases,the relative understanding of the finality concept,the insufficiency of ex-isting rules and so on.The causes of litigation-related petitions are various,which are to be attributed to the people's courts,the parties involved,the legal system,the traditional culture,the economic and so-cial development and so on.The governance of litigation-related petitions should be based on the Chinese context,insist on the systematic thinking,and rely on the research of litigation-related petitions,while it is important to promote the implementation of in-depth strategies and institutional improvements in relat-ed areas.Concretely speaking,the reform of the separation of petitions and litigations,the procedural representation by lawyers,and the system of case closing and transferring should be deepened.It also re-quires to transform the functional positioning of the basic people's courts into"quasi-judicial"bodies,and while legalizing the petition system,to upgrade the"separation of petitions and litigations"to a higher state,namely the"integration of petitions and litigations".In conclusion,following the strategic plan for comprehensive law-based governance and modernization of governance system and capacity,China should continue the theoretical research and practice of judicial governance,and find a new socialism road of gov-ernance of the litigation-related petition with China's characteristics.
Litigation-Related PetitionIntegration of Petitions and LitigationsProcedural Repre-sentation by Lawyers for Litigation-Related PetitionsCase Closing and TransferringFunctional Positio-ning of the Basic People's Courts
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维普
