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Text | Qi Jianjun, President of the People's Court of Zhungerqi of the Inner Mongolia Autonomous Region
General Secretary Xi Jinping emphasized: "The construction of the rule of law should not only focus on the end and treat the disease, but also focus on the front end and treat the disease before it happens." The national conditions of the mainland determine that we cannot become a 'big country in litigation'. This provides a fundamental basis for the people's courts to carry out the work of managing the source of litigation.
In recent years, the People's Court of Zhungeer Banner of the Inner Mongolia Autonomous Region (hereinafter referred to as the "Zhunqi Court") has adhered to the concept of "grasping the front end and curing the disease before it happens", put the non-litigation dispute resolution mechanism at the forefront, and actively integrated it into the social governance system and the overall pattern of litigation source governance under the leadership of the Party committee. From January to April 2024, the number of new cases accepted by the Zhunqi Court decreased by 4.74% year-on-year, and the number of first-instance civil and commercial cases declined for three consecutive years.
Adhere to the leadership of the party committee
Actively integrate into the overall pattern of litigation source governance
Governance of litigation sources is a systematic and overall project, an important part of the modernization of the national governance system and governance capacity, and an effective path for the people's courts to participate in social governance. It is necessary to deeply understand that the party's leadership is the fundamental guarantee for advancing the governance of litigation sources, and only by closely relying on the party's leadership, giving full play to the leadership core role of the party committee in controlling the overall situation and coordinating all parties, and building a systematic non-litigation dispute resolution mechanism, can the increase in litigation be reduced from the source.
Use the evaluation and supervision mechanism to promote the management of litigation sources and stimulate maximum effectiveness. In recent years, the Zhunqi Court has actively promoted the inclusion of indicators such as "the rate of 10,000 people succeeding in litigation" and "the rate of dismissal of first-instance judgments" that reflect the results of litigation source governance into the evaluation system for the construction of peace, continuously consolidating the main responsibility for the governance of litigation sources in Qi counties and townships (streets), and actively building a new pattern of litigation source governance that is "led by party committees, led by the government, with multi-party participation, judicial promotion, and legal safeguards". From January to April 2024, the "10,000-person litigation rate" in Zhunger Banner was 1.19%, a year-on-year decrease of 0.45%.
To optimize the allocation of resources to promote the "one-stop" substantive resolution of contradictions and disputes. In order to avoid the dispute from developing to the level of "litigation", under the unified leadership of the Zhungeer Banner Committee and the strong support of the government, in the second half of this year, the Litigation Service Center of the Zhunqi Court will be stationed in the Banner Social Security Comprehensive Management Center, further integrate and gather the dispute resolution resources of multiple departments such as the Banner Comprehensive Management Office, the Public Security Bureau, the Justice Bureau, and the Letters and Visits Bureau, build a full-chain litigation source governance mechanism and a social conflict resolution system, and strive to achieve dispute resolution "only one door, at most one place", and promote the transformation of grassroots social governance from "litigation and disputes" to "less litigation and no litigation".
Insist on active performance of duties
Continue to release new momentum for the management of litigation sources
General Secretary Xi Jinping pointed out that we should adhere to and develop the "Fengqiao experience" in the new era, put the non-litigation dispute resolution mechanism in the forefront, and promote more rule of law forces to exert force on the guidance and guidance ends. In order to further strengthen the prevention of the source of conflicts and disputes, the front-end resolution, and the control of the gates, the Zhun Qi Court adheres to the active performance of duties in accordance with the law, and actively explores new paths for the management of the source of litigation.
Carry out door-to-door delivery to promote the resolution of contradictions on the spot. The Zhunqi People's Court changed the mindset of "sitting in the court and asking questions", took the initiative to sink the adjudication force, shifted the focus of dispute resolution forward, vigorously carried out legal services into organs, schools, communities, villages, scenic spots, enterprises, and businesses, and organized 87 cadres and police officers to implement full coverage of 200 villages (communities) and 168 key enterprises in the whole banner, and further expanded the depth and breadth of participation in grassroots governance. Since the launch of this work in 2022, the Zhunqi Court has carried out more than 360 door-to-door legal popularization activities, and the Baolian police have successively resolved more than 2,000 conflicts and disputes on the spot, effectively reducing the increase in litigation and effectively reversing the trend of increasing the number of cases year by year.
Deepen the governance of enforcement sources, and strive to solve enforcement problems. From January to April 2024, the Zhunqi Court insisted on promoting the automatic performance of effective judgments through the "integration of filing, adjudication and enforcement", and urged the parties to take the initiative to perform 163 cases, with an amount of 41.8251 million yuan. Since the launch of this work in January 2023, the cumulative number of viewers of the live broadcast activities has reached 3.48 million, prompting the person subject to enforcement to take the initiative to perform more than 280 cases, achieving the good social effect of "enforcing one case, publicizing one piece, and deterring a group".
Pay close attention to the governance of source visits, and promote the substantive resolution of disputes. The quasi-flag court pays attention to the prevention and control of risks at the front end, and strictly controls the gates of case filing, service, trial, and enforcement, so as to achieve early detection, early research and judgment, and early resolution of petition conflicts. The Zhunqi People's Court has strengthened the establishment of mechanisms for court leaders to make key appointments, joint visits, petitions with cases, and package visits, and have established a multi-faceted linkage resolution mechanism with departments such as the Commission for Discipline Inspection and Supervision, township and sub-districts, and the number of petition cases involving litigation has shown a stepwise downward trend for three consecutive years. Among them, the year-on-year decrease in 2022 will be 51.69%; In 2023, it will decrease by 68.29% year-on-year; From January to April 2024, it decreased by 72.22% year-on-year.
Adhere to pluralistic co-governance
Jointly play the "chorus" of source management
The report of the 20th National Congress of the Communist Party of China pointed out: "improve the social governance system of co-construction, co-governance and sharing, improve the efficiency of social governance" and "build a social governance community where everyone is responsible, everyone is responsible, and everyone enjoys". The quasi-banner courts are to participate in grassroots social governance under the leadership of Party committees in an orderly manner in accordance with law, actively contacting all parties, maximizing the cohesion of social governance, and promoting the formation of a work pattern of "Party committee leadership and pluralistic co-governance" for the governance of litigation sources.
Promote the expansion and upgrading of pre-litigation mediation. The Zhunqi Court has continuously deepened the construction of a "one-stop" diversified dispute resolution and litigation service system, pooled the strength of all parties to jointly resolve conflicts and disputes, and hired deputies to the people's congresses and members of the Chinese People's Political Consultative Conference (CPPCC) at the autonomous region, municipal and banner levels to serve as specially invited mediators to participate in the diversified resolution of civil disputes; The United Banner Federation of Industry and Commerce, trade unions, women's federations, and the Banner Law Society and other diversified dispute resolution forces have resolved a large number of contradictions and disputes in the bud and before litigation, and have strived to achieve a fundamental change from "fighting alone" to "pluralistic co-governance" in the courts. From January to April 2024, there were 1,408 successful pre-litigation mediation cases in the Zhunqi Court, a year-on-year increase of 35.25%.
Introduce the market to resolve conflicts. The Zhunqi Court deeply grasps the scientific connotation of the "Fengqiao Experience" in the new era, extends the "mediation" of litigation and mediation, absorbs market-oriented mediation organizations to participate in pre-litigation mediation, injects new vitality into the diversified resolution of conflicts and disputes, and actively creates a market-oriented mediation pattern of "multiple subjects, full competition, and beneficial complementarity". From January to April 2024, market-oriented mediation organizations successfully mediated a total of 446 cases, accounting for 30% of the successful pre-litigation mediation cases of the quasi-banner courts, and the market-based dispute resolution mechanism has become an important force in the pre-litigation mediation work of the quasi-banner courts.
Explore the characteristic model of pluralistic co-governance. The Jungger Banner is rich in mineral resources, so land-related conflicts and disputes caused by the expropriation and demolition of mining areas are also prone to occur. Under the unified leadership of the Political and Legal Committee of the Flag Committee, the Zhun Banner Court established the first "mining area court" in the Inner Mongolia Autonomous Region according to local conditions, and explored the formation of a multi-level contradiction and dispute resolution mechanism of "people's mediation first, administrative mediation supplement, market-oriented mediation assistance, and judicial mediation". In January 2024, since the establishment of the Mining District Court of the Zhun Qi Court, it has joined hands with various township streets, banner judicial bureaus, letters and visits bureaus and other functional departments to substantively resolve 23 conflicts and disputes involving land, and help the land acquisition work in the mining area in accordance with the law.
Governance of litigation sources is a long-term project, and promoting the governance of litigation sources is an important part of realizing the modernization of the national governance system and governance capacity. In the next step, under the leadership of the local party committee, the Zhun Qi Court will continue to give full play to its role in participating, promoting, regulating and guaranteeing the governance of litigation sources, continuously enrich the practice of the "Fengqiao Experience" in the new era, do in-depth and practical work on the governance of litigation sources, and strive to contribute "quasi-legal wisdom" to the modernization of social governance in the banner area.
Cover and table of contents of this issue
China Trial, Issue 11, 2024
China Trial News Semi-Monthly, No. 345
Editor/Min Sun