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近年来,各地法院积极参与多元化纠纷解决实践,甚至直接主导其体系构建和具体运作。然而,由于未能在现代治理体系和治理能力的视角下科学地处理审判权与社会纠纷解决网络的关系,整个社会纠纷解决体系呈现出功能相对离散化、中立地位失衡化、人员配置业余化、信息严重阻隔化等困境。基于对上述问题的调研,课题组通过实证数据和理论基础的双重分析,厘清问题,提出优化建议,希望对整个社会纠纷解决体系和纠纷化解能力现代化有所裨益。
In recent years, courts around the world have actively participated in the practice of pluralistic dispute resolution, and even directly led their system construction and operation. However, due to the failure to scientifically handle the relationship between jurisdiction and social dispute resolution network from the perspective of modern governance system and governance ability, the entire social dispute resolution system has shown relatively discrete functions, unbalanced neutrality, staffing amateurization, Severe information barriers and other difficulties. Based on the investigation of the above problems, the research team clarified the problems and put forward the optimization suggestions through the double analysis of empirical data and theoretical basis, hoping to benefit the entire social dispute resolution system and the modernization of dispute resolution ability.