| The concept of management of litigation source is embedded in the process of administrative trial. It is not only the political embodiment of the adherence to the Party’s absolute leadership over the work of people’s courts and the practical demand of people’s courts for getting out of the predicament in administrative trial, but also the true portrayal of the transformation of the administrative trial system with Chinese characteristics from the mode of pure power confrontation to the mode that gives consideration to power interaction. In the policy participatory litigation source management pattern aimed at effectively regulating the increment of administrative litigation, the people’s court pursues the litigation source management by playing the role of the participant and diverter. In the legal and normative litigation source management pattern aimed at eradicating the soil for administrative disputes, the people’s court pursues the management of the source of appeals by playing the role of the leader and referee. To create an ideal situation of management of litigation source in accordance with law in administrative trial activities, people’s courts should promote the extension of the objective clause on litigation, the reinforcement of the legitimacy of pre-litigation mediation, the standardization of the procedure for the separation between complicated cases and simple ones, the expansion of the scope of application of clauses on the concurrent settlement of related civil disputes and the appropriate expansion of the scope of application of change of judgment, so as to accelerate the historical process of the integration of the administrative trail system into the rule of law. |
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