What are the requirements of China s social transformation for dispute resolution mechanisms?

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Civil dispute resolution mechanisms are divided into three main categories:

1. Private remedies: the most typical are reconciliation and private mediation.

The so-called self-reliance means that the dispute is resolved by the strength of both parties to the dispute and has achieved the purpose of rights protection, which corresponds to the self-negotiation between the doctor and the patient we just mentioned. In legal theory, self-reliance is divided into self-reliance and reconciliation, the so-called self-consciousness refers to one party relying on its own strength to make the other party submit, while reconciliation refers to mutual compromise and concession between the two parties.

The advantage of self-reliance is that the cost of rights protection is low, while the disadvantage is that the fairness of dispute resolution is difficult to guarantee, which is why the health administration often encourages the public hospitals under their jurisdiction to resolve medical disputes through third-party channels.

2. Social assistance: the most typical ones are people's mediation and civil and commercial arbitration.

The so-called social assistance mainly relies on social forces to resolve civil disputes, mainly including mediation and arbitration. Mediation is the purpose of a third party to settle disputes on the basis of mutual understanding and concessions by a third party in accordance with moral and legal norms, and reasoning with the parties in the dispute.

At present, the main body of mediation is the special people's mediation committee. Arbitration refers to the submission of disputes by the parties to a special arbitration institution in accordance with the provisions of the law or the agreement of both parties, and the dispute is resolved by a third party in the middle of the adjudication.

3. Public remedies: civil litigation.

Public remedies mainly refer to judicial proceedings and administrative rulings. The use of administrative means to adjudicate civil disputes is not the mainstream of civil dispute resolution, and it is not too much here. Judicial litigation is a very important way to resolve civil disputes.

The advantages of judicial litigation lie in its high credibility, strong standardization, and strong enforcement, which can be said to be the last line of defense to protect rights and interests, but at the same time, due to the cumbersome judicial litigation procedures and high requirements for the review of evidence, the cost of rights protection is also higher than that of the above-mentioned ways.

In China, there are four ways to resolve civil disputes: (1) conciliation, (2) mediation, (3) arbitration, and (4) litigation.

a) Reconciliation. That is, the parties themselves negotiate a settlement. The parties are the subject of civil disputes, and they have full power to dispose of the disputed matters. It is up to the parties to decide whether to exercise the power of disposition, when to exercise the power of disposition, and in what manner to exercise the power of disposition.

2) Mediation. A third party other than the parties to the dispute communicates information between the parties to the dispute in accordance with certain social norms (customs, morals, laws, etc.), lays out facts and reason, and promotes mutual understanding and compromise among the parties to the dispute, so as to reach an agreement to finally resolve the dispute.

The mediation system at this stage in China mainly refers to the mediation of disputes between civil subjects by the people's mediation committee, which is called the "Eastern experience" by Westerners, in addition, there are also mediations between organs, enterprises and institutions, and citizens.

3) Arbitration. The so-called arbitration refers to the method of mediating the civil dispute and making certain legal documents to settle the conflict under the auspices of the arbitral tribunal and with the participation of both parties to the civil dispute in accordance with the law. Arbitration is civil in nature.

The basis of arbitration is the agreement of the parties. In other words, the submission to arbitration must be subject to the consent of the parties, otherwise, the arbitration proceedings cannot be commenced. In normal circumstances, the members of the arbitral tribunal are also elected by the parties.

The most important feature of arbitration is that it is quick and easy. With the increasing improvement of the country's legal system, arbitration is becoming more and more popular.

5) Litigation. Civil litigation is what ordinary people call "fighting civil lawsuits". Compared with people's mediation, self-pacification of parties, unit (or department, community) handling and arbitration mechanisms, civil litigation is a typical form of public remedy.

The most important feature of this kind of public relief is that it has special legal compulsion. Civil litigation is also the most effective and last resort for the state to deal with civil disputes. Therefore, the state often has to make strict regulations on the subject, procedure, and system of litigation.

China's diversified dispute resolution mechanism can be divided into: litigation and non-litigation.

1. The method of litigation is the court judgment;

2. Non-litigation methods include mediation (people's mediation, judicial mediation, administrative mediation), party settlement, administrative ruling, administrative reconsideration, arbitration, petitioning, etc.

The diversified dispute resolution mechanism is compared with the traditional "unified" ways and means of resolving conflicts. To put it simply, due to the diversification of the subjects, types, and demands of the current contradictions and disputes, the ideas, methods, measures, and ways to resolve contradictions and disputes should also be diversified.

Diversified dispute resolution mechanism refers to the fact that in a society, litigation and non-litigation dispute resolution methods each have their specific functions and characteristics to form a complementary procedural system and a dynamic operation adjustment system that meets the diverse needs of social subjects.

1. Build a working platform for the diversified resolution of contradictions and disputes, establish a diversified contradiction and dispute resolution center at the county and township levels, and be mainly responsible for establishing and improving industrial and professional mediation organizations, establishing and managing a talent pool of mediation experts, and selecting, hiring, training, managing and assessing full-time people's mediators.

2. Strive to improve the people's mediation capacity and level, establish and improve professional mediation committees in various industries, integrate the human resources of the mediation team, and diversify the social forces such as lawyers, volunteers, community workers, "five old people", and grassroots legal workers to participate in the resolution of industrial and professional conflicts and disputes.

3. Strengthen the "three-mediation linkage", establish and improve administrative mediation institutions and personnel for departments and townships with administrative mediation functions, and strengthen the linkage between people's mediation and administrative mediation for civil disputes that belong to both administrative mediation and people's mediation, so as to promote the success of mediation.

4. Complete mechanisms for docking litigation and mediation with "judicial confirmation" as the entry point, establish mechanisms for seamless docking of "judicial confirmation" work between all levels and types of mediation organizations and adjudication organs, and promptly guide parties to apply to township courts for "judicial confirmation" in accordance with the scope of the jurisdiction of the basic level court, and ensure the legal effectiveness of mediation in accordance with law.

5. Establish and improve the grassroots judicial convenience service network, establish and improve the township (street) and village judicial convenience service network, strengthen the standardized construction of comprehensive management centers at all levels, integrate the functions of investigation and mediation of contradictions and disputes, and provide "one-stop" services.

The significance of improving the diversified dispute resolution mechanism.

Since the beginning of the new century, the party and the state have attached great importance to social fairness and harmony, and put forward the new concept and goal of "building a harmonious socialist society". The so-called diversified dispute resolution mechanism refers to "a procedural system and dynamic system that meets the various needs of society by coordinating and coexisting with various dispute resolution methods (including litigation and non-litigation) in a society with their specific functions." This concept is mainly based on the fact that the disputes brought about by the mainstream discourse of "nationalism and the central values of law" are too concentrated in the party, government and judicial organs.

The pluralism mentioned here is not only the diversity of forms or methods, but also the pluralism in the sense of giving citizens more choices in the face of different needs for dispute resolution. Generally speaking, in modern society, the connotation of diversified dispute resolution mechanisms includes: judicial dispute resolution mechanism (litigation) occupies a dominant and core position, while private dispute resolution (consultation) mechanism and social (including various community organizations and social groups) dispute resolution mechanism, as well as administrative dispute resolution mechanism are related to each other and coexist, constituting a coordinated and interactive relationship.

Able to solve the problem once and for all.

1. Negotiate a solution. On the basis of equality and voluntariness, the parties shall reach a settlement agreement through friendly consultation, mutual understanding and mutual accommodation, and then resolve the dispute.

2. Mediation and settlement. Under the auspices of relevant organizations (such as people's mediation committees) or intermediaries, on the basis of equality, voluntariness, and legality, distinguish right from wrong, clarify responsibilities, and promote the parties to reach an agreement on their own through presenting facts and reasoning, so as to resolve disputes.

3. Arbitration settlement. The parties to the dispute shall apply to the arbitration institution in accordance with the arbitration agreement or arbitration clause in the contract reached before or after the dispute, and the arbitration institution shall hear and make an award in accordance with the law, and the dispute shall be resolved through the parties' conscious performance of the award or the application of one party to the people's court for compulsory enforcement.

4. Litigation settlement. Settlement through litigation refers to the fact that one of the parties to the dispute files a lawsuit with the people's court in accordance with the law, and the court hears the case in accordance with the law, makes a judgment or ruling, and resolves the dispute through the parties' conscious performance of the effective judgment or the compulsory enforcement of the people's court.

There are three main types of civil dispute resolution: self-reliance, social relief, and public relief. Self-help packages.

including self-determination and reconciliation. Social assistance includes mediation and arbitration. Public remedies include litigation and administrative adjudication.

The mechanism for handling civil disputes refers to the methods and systems for mitigating and eliminating civil disputes. According to the different systems and methods of dispute resolution, the mechanism of civil dispute settlement can be discussed in the following three forms.

Self-reliance. Self-reliance, including self-determination and reconciliation. It refers to the fact that the subject of the dispute relies on its own strength to resolve the dispute in order to achieve the purpose of protecting its own rights and interests. Self-determination refers to the fact that one party to the dispute uses its own power to make the other party subordinate.

Reconciliation refers to mutual compromises and concessions between the two parties. What both have in common is that they both rely on their own power to resolve disputes, without the involvement of a third party and without being bound by any norms.

Social assistance. Social assistance, including mediation (extra-litigation mediation) and arbitration. It is a mechanism that relies only on social forces to deal with civil disputes.

Mediation is a mediation between the two parties to the dispute by a third party (mediation institution or mediator), and uses certain legal norms and moral norms to persuade the parties to the conflict, so that they can reach an agreement to resolve the dispute on the basis of mutual understanding and mutual accommodation. A mediation agreement is not legally enforceable, but it has contractual effect.

Arbitration is the hearing and adjudication of disputes by an arbitration institution selected by the parties. Arbitration is different from mediation in that an arbitral award is legally binding on both parties. However, arbitration, like mediation, is premised on the voluntariness of both parties, and arbitration can only commence if the parties to the dispute reach an arbitration agreement and agree to submit the dispute to adjudication.

Public relief. Public remedies include litigation and administrative adjudication. Civil litigation refers to the activities of the court to resolve civil disputes by means of trial, judgment, enforcement, etc., with the participation of the parties and other litigation participants, as well as the sum of various litigation relationships arising from these activities.

Civil litigation is dynamically manifested in various litigation activities carried out by courts, parties and other litigation participants, and statically in the litigation relationship arising from litigation activities.

Administrative adjudication refers to a specific administrative act in which an administrative organ or a legally authorized organization is authorized by law to review and make a ruling on civil disputes that occur between the parties, which are closely related to administrative management activities and unrelated to contracts. The subject of administrative adjudication is statutory.

Only when an administrative organ is authorized by law can it review and adjudicate civil dispute cases within the scope of its authorization, and without legal authorization, administrative organs cannot decide and adjudicate certain civil dispute cases on their own.

1.Negotiate a settlement. The two parties to the dispute shall negotiate and resolve the dispute on the basis of voluntary equality after exchanges and communication.

2.Mediation settlement. Under the auspices of the relevant organization, the Public Security Bureau or an intermediary, the two parties reach a settlement agreement on an equal and voluntary basis.

3.Litigation Resolution. After the court makes a judicial judgment, both parties present their own evidence, and the judge makes a final ruling.

4.Arbitration Resolution. In the event of a dispute, the parties to the dispute shall apply to the arbitration institution in accordance with the arbitration agreement or terms reached, and the arbitration institution shall hear the case and make an objective award, and finally the parties shall enforce the award or apply for compulsory enforcement by the people's court or other arbitration institution, so as to resolve the dispute.