Abstract
改革开放以来，中国诉讼数量迅速增长，但1997年以后诉讼增长率明显降低。对于在社会转型期诉讼增长率不升反降的原因，可以通过非诉讼纠纷解决机制、司法政策和法院公信力三个方面来分析纠纷的走向。关于诉讼与非诉讼纠纷解决机制的年均增长率、相关系数和比重的数据分析表明，中国诉讼增长率的下降也伴随着人民调解和经济仲裁作用的下降，但行政解决机制的增强、不受理的司法政策、诉讼费用改革以及针对司法腐败的一系列制度性建设，遏制了诉讼量的快速增长。 Following reform and opening up, China witnessed a rapid increase in legal cases, but the rate of increase has undergone a marked decline since 1997. The reasons this has occurred in a period of social transformation are threefold: a non‐litigious dispute‐settling mechanism, judicial policy and the credibility of the courts. A data analysis of the average annual rate of growth, the correlation coefficient and the respective proportions of solutions under the litigious and the non‐litigious dispute‐settling mechanisms indicates that the slowing of the rate of growth of litigation has been accompanied by a decrease in the role of the people's mediation system and the economic arbitration system. However, it is the strengthening of administrative dispute‐settling mechanisms, a judicial policy of not accepting cases, the reform of litigation fees and a series of institutional constructs aimed at judicial corruption that has curbed the rapid increase of legal cases.
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