法院民事司法公信力的提升路径和构建策略探析

通过田野调查发现当前中国基层法院民事案件数量多而司法人员配置有限、法官工作负担过重、法官流失等问题,导致案件审理质量下降、群众司法获得感差、民事司法公信力有待提高。究其根源,在于基层法院诉讼门槛过低,兴讼成风导致诉权滥用,以及纠纷解决渠道不畅通等。要解决当前困局,主张建立诉讼诚信体系、完善诉讼费制度、借鉴太平绅士制度建立诉前裁判庭的解决路径,借助民间力量的参与,让司法审判更加公开透明,减少社会公众对法院案件审判的认知偏差,从而提升法院民事司法公信力与司法权威性。

Path and Strategy to Improve the Judicial Credibility in Civil Court Procedure

Field investigation indicates some problems such as too many civil cases in courts, limited judicial personnel allocation, excessive workload for judges and drain of judges, which lead to the decline of the trial quality, poor sense of judicial access for people, and low judicial credibility of China’s grass-roots courts. The root of these problems lies in the low threshold of litigation, resulting into rising litigation, abuse of litigation rights and blocked channels of dispute resolution. To solve these problems, it is necessary to establish the system of litigation integrity, perfect the system of litigation fee, establish the pre-litigation court through referencing the Justice of Peace System, encourage the participation of civil forces, make the judicial trial more open and transparent, and reduce the cognitive deviation of the public on the court case trial, so as to improve the judicial credibility and authority in civil court procedure.