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改革开放以来,中国诉讼数量迅速增长,但1997年以后诉讼增长率明显降低。对于在社会转型期诉讼增长率不升反降的原因,可以通过非诉讼纠纷解决机制、司法政策和法院公信力三个方面来分析纠纷的走向。关于诉讼与非诉讼纠纷解决机制的年均增长率、相关系数和比重的数据分析表明,中国诉讼增长率的下降也伴随着人民调解和经济仲裁作用的下降,但行政解决机制的增强、不受理的司法政策、诉讼费用改革以及针对司法腐败的一系列制度性建设,遏制了诉讼量的快速增长。
Since the reform and opening up, the number of litigation in China has risen rapidly, but the growth rate of litigation dropped significantly after 1997. As for the reasons why the growth rate of litigation in the social transition is not going up and down, the trend of disputes can be analyzed from three aspects: the non-litigation dispute resolution mechanism, the judicial policy and the credibility of the court. The analysis of the average annual growth rate, the correlation coefficient and the proportion of litigation and non-litigation dispute resolution systems shows that the decline of the growth rate of litigation in China is also accompanied by the decline of people’s mediation and economic arbitration. However, the enhancement of the administrative settlement mechanism is not accepted Judicial policies, the reform of litigation costs and a series of institutional construction of judicial corruption have curbed the rapid growth of litigation.