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诉源治理视角下涉房地产纠纷多元化解机制研究

Research on the Diversified Resolution Mechanism of Real Estate Disputes from the Perspective of Litigation Source Management

  • 摘要: 涉房地产纠纷关乎民生福祉和社会稳定,诉源治理则是融合了“枫桥经验”,运用多元化解纠纷方式将矛盾纠纷化解在源头的重要治理理念。这一理念有利于早期解决矛盾纠纷,降低纠纷的负面影响,提高涉房地产纠纷的治理效率。检视近年来各地的探索实践发现,该多元化解机制呈现出解纷主体多元化不足、诉与非诉衔接不够以及非诉解纷人才匮乏等问题。根据诉源治理的理念,未来矛盾纠纷多元化解机制的构建应当在明确顶层设计的基础上,深化诉与非诉的衔接,加强解纷人才队伍的建设,从而提升涉房地产纠纷的化解水平。

     

    Abstract: Disputes involving real estate are related to people’s livelihood and well-being and social stability, and litigation source management is an important governance concept, which based on the “Maple Bridge Experience” and uses diversified dispute resolution methods to resolve conflicts and disputes at the source. This concept is conducive to the early resolution of conflicts and disputes, reduces the negative impact of disputes, and improves the governance efficiency of real estate disputes. An examination of the exploration and practice in various places in recent years shows that the diversified dispute resolution mechanism presents problems such as insufficient diversification of dispute resolution subjects, insufficient connection between litigation and non-litigation, and lack of non-litigation dispute resolution talents. According to the concept of litigation source governance, the construction of a diversified dispute resolution mechanism in the future should be based on a clear top-level design, deepen the connection between litigation and non-litigation, and strengthen the construction of a dispute resolution talent team, so as to improve the level of real estate dispute resolution.

     

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