The 'password' behind the governance of litigation sources behind 'one increase, one decrease, one slowdown'
2024-07-15
According to the statistics from the Supreme Court Justice Management Office, from January to May 2024, the number of disputes accepted by courts at all levels across the country showed an increase in mediation before litigation, a decrease in the number of litigation cases, and a slowdown in the growth rate of ten thousand people prosecuting. Looking at the changes in the national court case collection data - the following data will impress those who are concerned about court work: the total number of civil and administrative disputes brought to court in 7 provinces (regions, municipalities) across the country has decreased; The number of successful pre litigation mediation in 26 provinces (autonomous regions and municipalities) across the country increased year on year, and the number of civil administrative cases received in the first instance in 15 provinces (autonomous regions and municipalities) declined; The growth rate of the national average prosecution rate per 10000 people has significantly slowed down. This is statistical data from the Supreme People's Court on the collection of cases by courts nationwide in the first five months of 2024. So, what factors have had a substantial impact and contribution on the decline in the number of cases received and the slowdown in the growth rate of prosecution rates? According to statistics from the Trial Management Office of the Supreme People's Court, from January to May 2024, courts at all levels in China accepted 12494633 civil and administrative disputes brought to court, a year-on-year increase of 4.77%, a decrease of 12.58 percentage points from the 17.35% increase in the same period of 2023. Among them, 4776842 cases were successfully resolved through pre litigation diversion mediation, a year-on-year increase of 12.95%. 7717791 civil and administrative cases actually entered the litigation process, a year-on-year increase of 0.27%, a decrease of 11.04 percentage points compared to the 11.31% increase in the same period of 2023. The national average litigation rate per 10000 people was 88.63 cases per 10000 people, up 4.76% year on year, 12.59 percentage points lower than the 17.35% growth rate in the same period of 2023. The growth rate slowed significantly, showing a trend of "one increase, one decrease and one slowdown" in the growth rate of litigation cases, litigation cases and litigation cases before litigation. Data is like a sentinel at the forefront, always sensitively and proactively bringing new information. When the data receiver - the leaders and staff of the Supreme People's Court's case filing court - perceive the significant changes in the "case volume" data, they immediately start to explore the "password" behind the data changes in litigation source governance. The Construction Guidance Office of the Filing Court Litigation Service Center is responsible for conducting this research. Director Xu Defang arranged a research plan, but they did not select specific locations. Instead, they included all courts across the country in the research scope, treating them equally and without omission. The survey first found that the total number of civil and administrative disputes brought to court in seven provinces (regions, cities) including Guangdong, Heilongjiang, Hainan, Shaanxi, Shanghai, Jilin, and Guangxi has decreased. Among them, Guangdong has the largest decrease, reaching 23%, while Heilongjiang, Hainan, Shaanxi, and Shanghai have experienced a decrease of over 15%. Although the total number of civil and administrative disputes brought to court in five provinces (regions) including Hebei, Hubei, Liaoning, Ningxia, and Jiangxi has increased, the increase is within 4%, indicating that a large number of conflicts and disputes need to be prevented and resolved before entering the court. It was then found that the number of successful pre litigation mediation in 26 regions across the country increased year on year, while the number of civil administrative cases entering the litigation process in 15 regions declined. This shows that about 40% of the disputes brought to the court are substantially resolved by means of pre litigation mediation before filing, which has contributed to the reduction of the number of civil and administrative litigation cases in 50% of the courts nationwide. Among them, the survey and collection of pre litigation mediation data found that the number of pre litigation mediation disputes, the number of successful pre litigation mediation, the success rate of pre litigation mediation, and the diversion rate of successful pre litigation mediation in courts across the country all achieved year-on-year growth. The application execution rate of pre litigation mediation cases is 5.63%, far lower than the application execution rate of civil judgments of 59.38%, which indicates that 94.17% of pre litigation mediation cases have been automatically performed and have not entered the execution procedure. After conducting research and collecting data on the number of cases received, it was found that the number of civil administrative first instance cases received in 15 provinces (regions, cities) across the country has decreased, with Hainan experiencing the largest decline of 41%, and five regions including Shaanxi, Heilongjiang, Shanghai, Qinghai, and Guangdong experiencing a decline of over 10%. Combining these two types of data shows that a large number of conflicts and disputes are essentially resolved at the forefront of litigation through pre filing people's mediation, administrative mediation, and industry-specific professional mediation. Why has the total number of disputes decreased? What special efforts and efforts have been made by Heilongjiang, Shaanxi, Guangdong, Shanghai, Hainan, Anhui, Guizhou and other places where the number of disputes and cases has decreased significantly? Research has found that the governance of litigation sources in these provinces has received high attention and strong promotion from local party committees. The Guangdong Provincial Party Committee is advancing the governance of litigation sources at a higher level. The Provincial Party Committee has incorporated the work of handling litigation sources into its work deployment, and the Provincial Political and Legal Affairs Commission has issued guidance on the construction of grassroots social governance work system, which has led to a decrease in the number of court cases in over 90% of Guangdong Province. The Guizhou Provincial Party Committee has included "integrated promotion of litigation source governance and enforcement source governance" in its resolution, and the Provincial Party Committee's Safety Office has established a leading group for litigation source governance. The "Guizhou Province Regulations on Diversified Resolution of Contradictions and Disputes" have been promulgated and implemented. The total number of disputes brought to court in Suzhou, Anhui Province has decreased by 16.84%, thanks to the "Three Source Co governance" work carried out by the Political and Legal Affairs Committee of the Suzhou Municipal Party Committee (litigation source, visit source, police source). The court reports to the same level social governance command center and transfers the relevant departments for handling the conflicts and disputes that are suitable for grassroots governance units and relevant departments to resolve. The number of disputes brought to court in Liuzhou, Guangxi has decreased by 24% year-on-year, mainly due to the innovative hierarchical resolution mechanism of the Municipal Party Committee's Political and Legal Affairs Committee, which means that conflicts and disputes are resolved at least three times in villages and communities, at least two times in towns and streets, and at least once in counties and districts, resolving most conflicts and disputes at the grassroots and source levels. These provinces will assess the prosecution rate of 10000 people, which is a touchstone for grassroots governance work and an important lever for promoting the governance of the source of complaints. The Political and Legal Affairs Commission of the Shanghai Municipal Party Committee has promoted the inclusion of the "10000 person prosecution rate" in the assessment of legal and safety construction in all 16 districts of the city, promoting the transformation of conflict and dispute prevention and resolution towards "party committee leadership and diversified governance". The High People's Court of Heilongjiang Province actively reported to the Provincial Political and Legal Affairs Commission and promoted the inclusion of the "10000 person lawsuit rate" in the scheduling index for the construction season of Ping'an Longjiang. The Guangdong Provincial High People's Court voluntarily reported that the Provincial Political and Legal Affairs Commission has included the 10000 person prosecution rate in the Ping An Guangdong Index system and increased the score to 2 points. The Shaanxi Provincial High People's Court has participated in the formulation and issuance of scoring rules for local safety construction assessment indicators, and has set up assessment content such as the use of the "strengthening the prosecution rate per 10000 people" indicator, highlighting the leading role of the Party committee. The higher people's courts in these provinces have formed a clear direction and institutional guarantee for promoting the governance of litigation sources. The Heilongjiang High Court has issued the "Opinions on Strengthening the Governance of Litigation Sources in Courts throughout the Province (Trial)"; The Anhui Provincial High People's Court has issued a notice on strengthening the active performance of courts throughout the province to promote the governance of litigation sources; The Shaanxi Higher People's Court has issued a notice on the submission of complaint information to the Party Committee Political and Legal Affairs Commission; The Higher People's Court of Jilin Province has promoted the "decline in new cases" as an important content of monthly data analysis and bi monthly data consultation throughout the province; The Guangdong High Court has included the "increase in litigation cases" as a core indicator for evaluating "front-end governance capabilities" in the province's "one reduction, two upgrades, and three optimizations" of courts, forming a joint effort among various departments to promote good guidance for litigation source governance. Practice has proven that in areas where the Party committee attaches great importance, the effectiveness of litigation source governance is often better, and the number of disputes entering the court has significantly decreased Tang Can, Executive Deputy Director of the Research Base for Comprehensive Management of Contradictions and Disputes in People's Courts and Associate Professor at Beijing Normal University, analyzed that relevant localities have leveraged the advantages of the Party Committee and Political and Legal Affairs Commission in overall planning, resource coordination, and problem solving to promote more legal forces to guide and guide. Tang Can believes that the effective use of the command stick for the assessment of the ten thousand person prosecution rate is an important tool for promoting the governance of the source of complaints. It can reflect the intensity of conflicts and disputes in a region and the effectiveness of preventing and resolving conflicts and disputes. It is a specific test of the effectiveness of the "Fengqiao Experience" in grassroots practice in the new era. By incorporating the "10000 person prosecution rate" into the assessment of rule of law construction and safety construction in various regions, it can effectively promote the transformation of conflict and dispute prevention and resolution from "court centered, fighting alone" to "party committee leadership, multi-party governance", further strengthen the main responsibility of relevant departments for litigation source governance, and truly implement the principle of "grasping the front end and preventing diseases". Mechanism innovation and institutional guarantees effectively promote the achievement of the goal of litigation source governance Tang Can said that some regions have timely incorporated effective governance mechanisms and working methods such as litigation consultation into local judicial documents, forming a consensus and adherence to resolving conflicts and disputes within the region. Through the establishment and operation of information sharing and long-term mechanisms, we will continue to deepen the governance of litigation sources. Why has there been a significant decrease in these types of cases? The research team's exploration of "advanced students" is still ongoing. From the perspective of case types, will there be new discoveries and gains by classifying those cases that have significantly decreased in quantity? Research has found that in the fields of civil and commercial affairs, bank card cases (with the largest decrease of 29.26%), property service contract cases (with a decrease of 24.54%), divorce cases (with a decrease of 19.16%), housing purchase and sale contract cases (with a decrease of 11.04%), and loan contract cases have experienced significant declines. Why has the bank card case experienced the largest decline? The integrated implementation of the Supreme People's Court's "Second Judicial Recommendation", namely the "Judicial Recommendation of the Supreme People's Court on Improving Credit Card Regulatory Policies and Safeguarding Financial Security", by courts in various regions, and the strengthening of the governance of credit card dispute sources, are powerful drivers of this outcome. The reporter learned that the Hainan Provincial High People's Court has issued a judicial recommendation on further improving credit card regulatory policies to maintain financial security, which has led to a reduction of 28000 financial disputes in the first quarter of this year. The Shaanxi Higher People's Court has launched a pilot project for the verification and verification of non-performing financial debts, resolving disputes over small-scale financial loan contracts and credit card disputes from the source, resulting in a decrease of over 50% in financial disputes in Shaanxi courts in the first quarter. The number of cases received in the Guangzhou jurisdiction of Guangdong province decreased by 21.54% year-on-year, especially in cases involving financial disputes, which showed a significant decline. This is mainly due to the Guangzhou Intermediate People's Court's implementation of the Supreme People's Court's requirement on credit card disputes that "banks mainly collect debts on their own, and maliciously evade debts after judicial litigation", and increasing efforts to control the sources of financial disputes. Looking at property service contract disputes and divorce disputes again, behind the double decline of these two types of disputes is the result of courts at all levels relying on the "general to general" mechanism established by the Supreme People's Court in conjunction with central state organs, and increasing collaborative governance efforts with relevant member units. The Intermediate People's Court of Jiamusi City, Heilongjiang Province, in conjunction with the housing and construction departments, the investigation committee, property management companies, and owner representatives, held a five party discussion and resolved a large number of property service contract disputes at the forefront, resulting in a 66.34% decrease in property service contract cases; Anhui Tongling has issued the "Opinions on the Joint Resolution of Property Disputes between Tongling City Government and Court (Trial)", which has refined and implemented the joint work of Tongling City's property dispute mediation government and court, resulting in a significant decrease in property dispute cases within its jurisdiction. In response to the large number of divorce cases, the Intermediate People's Court of Bijie City, Guizhou Province, has made a special report to the Party Committee, promoting the establishment of "Family Dispute Mediation Committees" in various counties and districts within its jurisdiction, and setting up "Family Dispute Mediation Committee Offices" in government service centers, forming an "integrated" cooperative dispute resolution mechanism where the Women's Federation intervenes in the protection of women's rights and domestic violence issues in advance, civil affairs departments mediate and resolve marriage and family disputes in a timely manner, and people's courts guide and participate in marriage and family mediation, resulting in a 10 percentage point decrease in divorce cases. The increase in dispute volume in some regions requires attention. However, the promotion of litigation source governance across the country is not balanced, and there are "lagging students"
Edit：Jia jia Responsible editor：Liling
Source：http://rmfyb.chinacourt.org
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