Abstract:At the present stage, “governance of litigation source” has become a phenomenal political vocabulary and reform terminology. It can be combined with almost any specific type of case, regional development goals, and departmental landscape planning in the area of its connotation and extension. However, the interpretation given by the practical and theoretical circles presents the problems including expansion of situation, vague concepts, direction’s homogenization, and sloganizing reform. To promote the sustainable development and in-depth reform of governance of litigation source, the ontological essence and strategy of rule of law of China’s governance of litigation source should be clarified. In the judicial positioning,, the court shall play the role of a subsidiary rather than a leader, and “active integration” does not mean “active start”. In the governance content, the court should fully intervene in the municipal social governance and county-level grassroots governance in terms of spatial scope, governance level and governance dimension and so on. But it should be based on the determination of rights and obligations. In the governance mode, the governance of litigation source should focus on the “four requirements”, that is socialization, rule of law, intelligence and specialization. In the boundary delineation, it shall use systematic procedural rules to clarify the limit of judicial boundary of gridding, compulsory, and mobilization.
曹建军. 诉源治理的本体探究与法治策略[J]. 《深圳大学学报》(人文社科版), 2021, 38(5): 92-101.
CAO Jian-jun. The Ontological Inquiry and Legal Strategy of Governance of Litigation Source. , 2021, 38(5): 92-101.