First, correctly understand the position and role of the judicial office under the new situation.
In the traditional concept of "justice" in our country, neither the broad sense nor the narrow sense of judicial administration is explicitly included. Although the functions are involved, compared with the public security law, judicial administration has not received enough attention. With the development of the situation and the implementation of the strategy of governing the country according to law, China's judicial system is also changing under the impetus of the wave of reform. The social demand for the rule of law and the people's desire for the law have revived the grassroots judicial administration that has been silent for many years. Therefore, we should re-understand the position and role of the judiciary.
(1) The judicial office is an important part of the grass-roots political and legal system and plays an irreplaceable role in other functional departments. First of all, the scope of responsibilities is different. The police station is mainly responsible for regional public security, household registration management, investigation and arrest of criminal cases, the grass-roots courts mainly perform the trial functions entrusted by the state, and the judicial office is responsible for popularizing law and administering according to law, providing legal services, resolving contradictions and disputes at the grass-roots level, and supervising and helping interpreters and correction objects. These three functions complement each other and play an active role in maintaining regional stability. Secondly, the working methods and means are different. Police stations and grass-roots courts are guaranteed by the state's compulsory force, and their actions or decisions represent the will of the state, and the parties concerned must abide by or implement them. In addition to community correction, the judicial office has no coercive power, and mainly focuses on propaganda, education, guidance and service, which makes it easier to communicate with the masses in form. Third, the stages of emphasis are different. Most police stations and grass-roots courts intervened after the incident, mainly to remedy afterwards, while judicial offices moved forward to prevent contradictions and disputes and pay attention to prevention in advance. Therefore, "two houses and one court" is an organic whole, and the three are equal, independent and cooperative.
(two) the work of the judicial office is the foundation and key of the whole judicial administration. As the grass-roots organization of judicial administration, as the final executor of a series of principles and policies, and as the "first line of defense" to resolve contradictions, the function of the judicial office and the service level of judicial assistants are directly related to whether the decision-making arrangements of the higher judicial administrative organs can be implemented, whether the judicial administrative work reform can be smoothly promoted, and whether the judicial administrative organs can serve the overall situation of reform, development and stability. In recent years, around the overall goal of standardization construction, the judicial office has made remarkable achievements in team building, business construction, system construction and safety construction. Grassroots judicial administration has been highly valued and strongly supported by party committees and governments at all levels, and has gradually won the recognition and trust of the masses. All these have laid a good and solid foundation for the healthy, stable and sustainable development of judicial administration.
(3) The role of the judiciary in serving economic development and ensuring social stability cannot be ignored. The socialist market economy is a legal economy in a sense. As an important department of legal work, the judicial office is located at the grassroots level and goes deep into the people. It is a multi-functional and all-round legal service institution. Its versatility determines that it has unique advantages in social life and can play a wide role in all fields and aspects of social life. The mass, extensiveness and huge social coverage of people's mediation, legal publicity, grass-roots legal services and resettlement education make it play an irreplaceable role in dealing with citizens' personal legal affairs and resolving contradictions and disputes among the people, and it is also of great use in the comprehensive management of social security, such as crackdown, prevention, education, management, construction and transformation. Therefore, the position of grass-roots judicial administration in social life has been paid more and more attention.
To sum up, grass-roots judicial offices are no longer the traditional dispensable administrative organs, but play an important role in maintaining the overall situation of regional reform, development and stability. According to the general requirements of building a harmonious socialist society, to do a good job in maintaining stability under the new situation, we must focus on strengthening the construction of grassroots judicial offices and give full play to their roles in people's mediation, legal aid, legal services, legal publicity, resettlement education, etc., which is of great significance to maintaining social stability and realizing long-term social stability.
Second, how to give full play to the functions of grassroots judicial offices.
As the saying goes: the foundation is not firm, and the ground shakes. We must firmly establish the idea of strengthening the foundation and strengthening the construction of judicial offices. How to truly build the judicial office into a "bridge of contact" between the grass-roots government and the masses and a "golden key" to resolve contradictions, and give full play to the functions of the grassroots judicial office? At present, we should focus on the following three aspects:
(1) Raise awareness and enhance the sense of responsibility and mission in the work of grassroots judicial offices.
As the basic carrier and operating organization of judicial administration, grass-roots judicial offices are the "first line of defense" to maintain social stability, and are also the frontier positions to serve the masses and resolve contradictions. Their tasks are arduous and arduous, and their basic status is even more important.
Grassroots judicial institutions have played an important role in solving social contradictions and conflicts because of their impartiality, neutrality and wide tolerance for social contradictions and disputes. Its work is characterized by the combination of ideological and political work with legal work, ideological work with legal work, and legal policy with ideological work, which is easy to accept, solve and alleviate contradictions. In a word, grass-roots judicial administration is an important channel to solve contradictions among the people and an important tool to promote and maintain social stability.
(two) a deep understanding and understanding of the important position of grassroots judicial offices in promoting and maintaining social stability. To maintain social stability and promote social and economic development, we must continue to attach great importance to the construction of grassroots judicial offices. Giving full play to the functions of grass-roots judicial offices has become the basic requirement of social integration. The progress and development of society require judicial organs to give full play to the functions of mediating disputes, balancing interests and safeguarding citizens' rights. At the same time, we should also deeply realize that it is not enough to rely solely on persuasion and education for a large number of contradictions among the people under the new situation. In practical work, we should also guide the masses to consciously express their demands in a legal way, safeguard their rights and interests by legal means, and correct some people's misconceptions of "making a mountain out of a molehill, solving small problems, not making a mountain out of a molehill or solving them", "the law does not blame the public" and "letters and visits do not believe in the law". Grassroots judicial offices should make full use of their functional advantages and working networks that are close to the grassroots, convenient for the people and the people, take the initiative to go ahead, vigorously carry out the investigation and mediation of civil disputes, resolve all kinds of contradictions and disputes in a timely manner, and strive to maintain social stability.
(three) around the work center of grassroots party committees and governments, and actively play the role and service function of the judicial office.
1, focusing on investigating contradictions and disputes and eliminating hidden dangers of public security, and giving play to the legal protection role of the judicial office. Actively establish a judicial mediation center led by the judicial office and attended by relevant business departments such as family planning and land, and expand and expand mediation work. Improve the rules and regulations of the mediation center, improve the level and quality of mediation of contradictions and disputes, and prevent the occurrence of cases of conversion from civil to criminal and vicious violence. Resolve contradictions among the people in a timely manner and avoid and stop mass petitions. Do a good job in the resettlement and community correction of released prisoners, and reduce the out-of-control rate and the crime rate of re-offending.
2, to promote economic development as the center, play the role of judicial and legal services. Strive to do a good job in grassroots legal services, and strive to satisfy the people around what the party Committee and government care about and where economic construction is most needed. Actively carry out work around hot spots, difficulties and key points, expand business, and provide high-quality, efficient, simple and fast services for farmers to increase their income and reduce their burdens, the government to administer according to law, and enterprises to operate legally.
3, in order to improve the legal quality of the whole people, give play to the legal publicity role of the judicial office. The judicial office should organize legal training classes and take legal courses through various forms and channels, explain the law by case, and send it to households to educate the people on legal popularization. At the same time, we will vigorously promote the grass-roots government to govern according to law, actively participate in the activities of creating "safe communities" and "safe towns and villages", and standardize and institutionalize the comprehensive governance of grass-roots society.
Third, how to expand the new field of judicial administration.
Only by giving full play to the function of the judicial office can the judicial administration work expand in depth. Only by firmly taking root at the grassroots level, being close to the masses, taking the judicial office as a platform and giving full play to the functions of legal publicity, legal protection and legal service can we better serve the construction of new countryside and expand the new field of judicial administration. I think we should start from the following aspects:
(1) Strengthen team building and promote promising posts.
The work of the judicial office is closely related to the broad masses of the people. It is necessary to establish the working concept of "doing something and not doing something" and win the trust and support of grassroots party committees and the broad masses of the people with solid and effective work achievements. First, we must have a firm idea of serving the people. Thought is the forerunner of action. When the mind goes up, the work speaks for itself. Therefore, it is necessary to strengthen the construction of ideological style, discipline style and work style of judicial assistants, establish a trinity assessment mechanism of bureau, township and institute, and strive to establish a team of judicial assistants with firm stand, integrity, strict discipline and tenacious style, so as to lay an organizational foundation for performing various functions of the judicial office. Second, do a good job in the self-construction of judicial assistants. From top to bottom, we should establish and improve the long-term mechanism of business training and strive to improve the ability of judicial offices to serve the overall situation; Ability to administer according to law; The ability to serve the people; Professional ability of employees; Ability to work creatively. At the same time, the skills of "mediation, writing, speech, service and coordination" of judicial assistants will be improved through competitions for judicial assistants and overseas visits. Through the above measures, we can improve the professional quality and work level of judicial assistants, enhance their ability to serve the grassroots and the masses, and promote their job promotion.
(2) Strengthen publicity and create a good working environment.
Before part of the work of the judicial office enters the legislative process, it is very important to strengthen publicity, improve the visibility of the work, strengthen the functions of the judicial office and create a good working environment.
First, with radio, television, newspapers and other news media as the carrier, through legal publicity, people's mediation, resettlement, community correction and other activities, publicize the typical deeds of the judicial office in maintaining social stability, improving people's legal awareness and protecting people's legitimate interests.
The second is to publicize the functions and functions of the judicial office from various angles and in all directions through the publicity of government affairs, publicity columns and the "six laws" activities, so that the masses can understand the institutional setup, work functions and nature of the judicial office. Make the work of the judicial office win the understanding and support of all sectors of society and guide the broad masses to actively participate in and cooperate with the work of the judicial office.
(3) Intensify innovation and push the work to a higher level.
First, strengthen legal publicity and education and expand the scope of legal services. Nowadays, farmers are no longer closed and backward natural economic subjects, but participate in the construction of socialist market economy. Market economy is an economy ruled by law, and every participant should have basic legal knowledge and consciousness. Due to the lack of education and public resources, farmers' legal quality is generally low. When dealing with various social relations, we mainly rely on traditional thinking and inertial thinking. Farmers urgently need to arm their minds with legal knowledge and safeguard their legitimate rights and interests with legal weapons, which is in line with the functions of grassroots judicial offices.
1, increase the breadth and intensity of legal publicity. Compared with cities, rural environment is relatively closed, information is relatively narrow and population is dense, which is prone to civil disputes such as marriage, family and neighboring rights. These contradictions seem to be family-to-family, and if they are not handled well, they will affect the rural customs and habits and the social situation of rural stability and unity. To prevent contradictions, it is necessary to increase the popularization and education of legal knowledge and send laws to thousands of households in a way that the masses like. Due to the shortage of manpower in grass-roots judicial offices, it is often difficult to deepen the work of popularizing law. However, as one of the main functions of the judicial office, the judiciary has an unshirkable responsibility to do a good job in popularizing the law, and use its spare time in rural areas to distribute free legal knowledge leaflets and give lectures on legal knowledge. These are all effective forms of popularizing the law among farmers.
2. Do a good job in legal education and legal rights protection for teenagers and migrant workers. Teenagers are the future of the motherland and the new force in building a new socialist countryside, and their legal literacy will determine the development direction of the new countryside in the future. Therefore, grass-roots judicial offices should pay special attention to the legal publicity and education of this group. They can make use of their learning conditions at school, assist schools to carry out legal training courses, and coordinate and arrange various departments or grass-roots legal workers to serve as voluntary legal propagandists at schools. With the increasing number of migrant workers and the increasing socialization of migrant workers' problems, the government has attached great importance to the protection of the legitimate rights and interests of migrant workers, and grassroots judicial offices can also make a difference in this regard. The judicial office can provide targeted employment legal training for migrant workers before they leave home or return home on holidays, or set up a special person in the grassroots judicial office to provide compulsory legal advice for migrant workers.
The second is to be a good grass-roots government staff and provide legal help for administration according to law.
Administrative organs at all levels are important enforcement organs of laws and regulations that embody the party's ideas and the people's will. Whether the administrative organs can strictly and fairly enforce the law is directly related to the implementation of the party's ideas and the people's will. The judicial administrative organ is the main part of the government. In addition to adhering to administration according to law, we should also actively assist other government departments to carry out administrative work according to law. As an important functional department of grass-roots government, grass-roots judicial offices should not only do a good job in legal publicity, people's mediation and legal services, but also take assisting the government in administration according to law as an important task in China.
1, to assist the government in the investigation of social contradictions in rural areas. Under the new situation, contradictions and disputes in rural areas are characterized by "group, complexity, easy intensification and difficulty in mediation". In order to mediate complex and difficult contradictions and disputes, solve them at the grassroots level and nip them in the bud, we must make concerted efforts, grasp early and grasp small, and effectively resolve contradictions and disputes. At present, our town is led by the grassroots judicial office, and the people's mediators in each village act as contradiction inspectors to mediate the disputes found in time. If mediation fails, they will report to the judicial office, which will collect and summarize information and then distribute it to different functional departments for resolution. Don't leave the village because of minor contradictions, and leave the town because of major contradictions. It has played a very good role in promoting rural social stability.
2, do a good job of grass-roots government administration according to law. In order to strengthen the government's ability to administer according to law, grassroots judicial offices should give full play to their own advantages and provide legal help to the government. According to the need to participate in the drafting, review and revision of the normative documents of the government or departments at the corresponding level; Entrusted by the government or department at the same level to investigate and handle specific legal affairs; Acting as an agent for the government or department at the corresponding level to participate in litigation and arbitration activities; If grass-roots judicial offices can give full play to their knowledge and talent advantages, make plans, offer policies and protect customs for the government's administration according to law, and the government can actively adopt correct legal suggestions, then the ruling ability of grass-roots political power will be greatly strengthened, and the contradictions between cadres and the masses, ineffective policy implementation and unfair distribution of rights will be greatly reduced.
3. Assist the government in the legal training of civil servants and improve their legal quality. With the advancement of township institutional reform and the development of government administration according to law, the legal quality of grass-roots government civil servants has become an important factor to determine the level of government administrative ability. Especially in rural areas, whether township government civil servants have good legal awareness and basic legal knowledge will determine whether the policies of the party and the government can be correctly implemented. In this situation, grassroots judicial offices should shift the focus of law popularization from the masses to cadres, and assist local governments to do a good job in legal training for civil servants, especially legal education for leading cadres.
The Third Plenary Session of the 17th CPC Central Committee established the strategic goal of promoting rural reform and development. In the process of promoting rural reform and building a new socialist countryside, grass-roots judicial offices will certainly play a powerful role in the new historical period as long as they can seize the opportunity, be brave in innovation, face new situations and problems, adjust their thinking in time, give full play to their functions and improve their services.