山东警察学院学报

诉源治理作为社会治理理念的实践创新成果之一,注重从源头预防化解矛盾纠纷。目前,诉源治理理念的内涵逻辑基本明晰,诉源治理制度的体系框架逐步确立。同样,依法履行法律监督职能的检察机关如何参与诉源治理,则成为提升司法机关诉源治理能力以及健全诉源治理体系的新命题。检察机关作为参与社会治理的重要部门,应当从自身法定职能及要求出发,以“法律监督者”和“法治保障者”的角色定位来整合相关社会治理资源,为诉源治理体系注入法治化和规范化的力量,努力以非诉讼矛盾纠纷的预防化解和诉讼内矛盾纠纷的预防化解两条途径来构建与完善诉源治理的实践路径,从而实现检察机关参与社会治理的司法性职能和治理性职能之间的有效衔接,以推动诉源治理社会共治体系的形成。

Litigation source governance, as an innovative practice of social governance, focuses on the prevention and resolution of conflicts and disputes at their origin. Currently, the internal logic of litigation source governance is becoming clearer, and its framework is gradually being shaped. Meanwhile, how procuratorial organs, which perform their legal supervisory duties according to the law, participate in litigation source governance has become a new proposition for enhancing the capacity of judicial bodies and improving the litigation source governance system. As key participants in social governance, procuratorial organs should focus on their duties, positioning themselves as “legal supervisors” and “guardians of the rule of law” to integrate relevant social governance resources. This would provide the litigation source governance system with legal grounds. They should strive to build and refine practical approaches for litigation source governance through both prevention and resolution of non-litigation-related disputes and those arising within litigation. This aims to achieve effective combination between the judicial and governance functions of procuratorial organs in social governance, thereby promoting the formation of a collaborative social governance system for litigation source governance.