Research Report on People's Mediation in the New Period of Innovation and Development

About the innovation and development of the new era of our city

Research report on people's mediation work

×× City Justice Bureau

People's mediation is a legal system with Chinese characteristics and confirmed by our country's constitution. It is based on the laws, regulations, rules, policies and social ethics of the state under the auspices of the People's Mediation Committee established by law. Conducting persuasion education, persuading and facilitating, promoting mutual understanding and mutual accommodation among the parties to the dispute, negotiating on an equal footing, voluntarily reaching an agreement, and eliminating a dispute of people's self-government activities. For more than half a century, the people's mediation system has been welcomed by the people with its voluntary negotiation, relative process confidentiality, simplicity of procedure and low cost. It has played a role in mediating contradictions and disputes, maintaining social stability and promoting economic development. An important role. However, with the continuous deepening of reform and opening up, the contradictions of all social strata are constantly emerging, and a large number of new situations and new problems are constantly emerging. How can the people's mediation work in the new era adapt to the needs of the overall situation of reform and development, and how to achieve comprehensive coordination in accordance with the requirements of the scientific development concept? Sustainability, how to further play the role of "first line of defense", and make new contributions to the creation of a harmonious and stable social environment and a just and efficient rule of law environment, we all need to think deeply and carefully.

Recently, we analyzed the main social contradictions and disputes in our city, and focused on the towns of Zhentou, Yong'an, Liuhua, Kuqiao, Gaoqiao, and the Tongtai Street office in Kaifu District. The six towns and towns such as Hongshan Tourism Bureau conducted special investigations. The relevant situation is summarized as follows:

I. A brief analysis of the current major social contradictions and disputes in our city

At present, the overall situation of economic and social development in our city is good, the society is stable, and the people live and work in peace. With the deepening of reform and opening up and the continuous development of the socialist market economy, the socio-economic composition, interest relations and distribution methods are increasingly diversified, various conflicts of interest and frictions are constantly emerging, mass incidents continue to occur, and the issue of legal letters and visits is coming. The more prominent, the more organized tendency is, which affects the normal social production and living order. Civil disputes have led to an increase in public security criminal cases and have created greater pressure on social stability. In general, the people's mediation in our city is facing some new situations and new problems. The performance is as follows: First, new changes have taken place in major contradictions and disputes among the people, which is diversified and complicated. The traditional marriage and family neighborhood disputes are no longer the main contradictions and disputes of the people. The new contradictions and disputes of economic content such as resource ownership, environment and ecology, the interests of different economic entities, and the interests of the public in project construction are increasingly prominent. Among them, due to land contracting, village management, land acquisition and demolition, enterprise restructuring, wage arrears, laid-off workers, military transfer to cadre treatment, demobilized military employment and the relationship between the party and the masses, the contradictions and disputes have increased. The composition of the participants is complicated, not only workers, farmers, students, retired cadres, self-employed, but also transferred and veterans. Some cross-industry, cross-sectoral, and cross-regional disputes are increasing, making it difficult to solve. Second, all kinds of contradictions and disputes are on the rise. The hotspots and difficulties are mainly the resettlement of demobilized soldiers and disabled soldiers, land acquisition compensation, demolition and resettlement issues, enterprise restructuring, labor and social security issues, the problem of fund-raising cannot be redeemed, and law-related issues. Unfair, improper law enforcement, etc. Third, the number of participants in disputes has a tendency to scale. In some localities, the number of people involved in group disputes is dozens or even hundreds, and the tendency of organization is obvious. Even some group disputes are organized by the organizers, and there are more strict organizational leaders in front and in the event. A careful plan of action. Fourth, there are significant changes in the words and deeds of a considerable number of disputed parties. The characteristics of demand patterns and behaviors are extreme and even illegal. Some use the country's major political activities, major holidays or politically sensitive periods, collectively go to Beijing, visit the province, block the party and government organs, sit down and petition, strike strikes, block traffic. There have even been beatings of excessive acts of execution of official police officers and government workers, as well as extreme acts of suicide and self-harm.

The new situations and new problems that have arisen in all these contradictions and disputes have caused great impact on the people's mediation work and put forward new and higher requirements.

Second, the current operation of the people's mediation work in our city and the main difficulties and problems

In the face of the new characteristics and new trends of social contradictions and disputes under the new situation, the judicial administrative organs at all levels and the grassroots people's mediation organizations have done a lot of in-depth and meticulous guidance under the guidance of party committees, government leaders and people's courts at all levels. With fruitful work, the network of people's mediation organizations has become more complete, the ranks of the team have been significantly improved, the scope of work has been continuously expanded, the institutional system has basically taken shape, and the role of the people's mediation function has become increasingly prominent. At present, the city has established 3,926 people's mediation organizations, including 2,786 village mediation committees, 501 community mediation committees, 508 mediation committees for enterprises and institutions, 131 regional and industry mediation committees, and 37,788 mediators. At the same time, the construction of the people's mediation business has also been synchronized. In the past five years, the city has transferred a total of 18,1900 contradictions and disputes, with an average annual adjustment of 36,380. In 2003, there were 36,459 mediation disputes, 35,365 mediation successes, 100% mediation rate, 96.9% success rate, and 205 people and 461 people were prevented from being transferred. It has effectively safeguarded the social stability and political stability of the provincial capital and promoted the healthy and rapid development of the city's economy.

While affirming the achievements, there are also many difficulties and problems in the people's mediation work in our city, which are mainly concentrated in five aspects.

Organization is established but not sound

Establishing and improving mediation organizations is the premise and basis for mediation work. The mediation of mediation organizations is an inevitable trend of the development of people's mediation organizations. According to the "Provisions of People's Mediation" promulgated by the Ministry of Justice, the people's mediation organization has four forms: one is the rural villagers committee, the people's mediation committee established by the city residents committee; the second is the people's mediation committee established in towns and towns; the third is the enterprise business The people's mediation committee set up by the unit according to needs; the fourth is the regional and industry people's mediation committee established according to needs. The 6 townships and towns surveyed should have 6 township township committees, and 2 have been issued, but they have not been listed, engraved, and their work has not started; 9 village committees have been established, 9 have been established, and there are no cards. Of the seven, there are no relatively fixed offices, five have dispute registrations, and the documents are not filed. Although 9 villages have set up mediation committees, only 4 villages can be confirmed from the office wall, and only one village can provide the mediation committee and mediator's roster. There should be 272 mediation teams in 9 villages. Only the township village of Zhentou Town, Liuyang City has a mediation team and a list of members. The other villages can only be verbally stated, saying that the mediation team is the village team leader and the community is the building. The dispute information officer, the village group leader and the dispute information officer are mixed with the mediation team. From this point of view, there are indeed many “faults” and “spaces” in the mediation organization network. The "Regulations on the Organization of the People's Mediation Committee" promulgated by the State Council stipulates that the People's Mediation Committee shall be elected, but the implementation will be different. None of the seven villages surveyed were specifically elected, all of which were mixed with the village committee and the village party branch.

The number of mediation team is large but the quality is low

Judging from the statistics of the city, there are 37,788 mediators in the city, which is 31 times the number of judges in the city. Among them, 9447 were over 60 years old, accounting for 25%, and 15870 were below national culture, accounting for 42%. The 9 village mediators surveyed, a total of 1,732 people, including 295 people aged 50-60 years, accounting for 17%; 420 people over 60 years old, accounting for 24%; 658 people in the following cultures, accounting for 38%; 173 people illiterate or semi-literate , accounting for 10%; 18 people with college education or above, only 1%; 138 people with relevant legal knowledge or professional training at or above the municipal level, accounting for 8%. The age of the older, the lower culture, and the lack of innovative spirit are the main problems in the current team, and the work is not attentive, and the results are counterproductive. The internal contradictions of the people in the new era are characterized by diversity, complexity, and group nature. Objectively, mediators must have good physical, cultural, legal, and mediation work. Otherwise, the mediation work will be difficult. It is guaranteed that the potential of mediation work is difficult to fully exert. Obviously, the current situation is far from the requirements of the new situation.

The mediator has his name but nothing

The Organizing Regulations of the People's Mediation Committee stipulates that the Commission shall have one director and may have a deputy director if necessary. The "Several Provisions of the People's Mediation Work" stipulates that the People's Mediation Committee shall consist of more than three members The law stipulates that the mediator is the head of a mediation committee composed of more than three people, specializing in people's mediation work, but the actual situation is very different. And look at a section of the investigation of a village branch secretary: Does your village have a mediation committee? A: "Mediation is one of me." The dialogue reflected such a problem. I don’t know that there is a people’s mediation committee under the village committee, and I don’t know that I am the head of a mediation committee. It’s not so much a mediation committee director, but rather a part-time mediator. To be precise, his main responsibility is the branch secretary of the village. This is one of them. Second, the mediation director has too few full-time posts, most of which are concurrent. According to the statistics of the whole city, there are 300 full-time mediation directors in 3926 mediation committees, accounting for 7%. From the nine villages surveyed, the mediation directors are all part-time, accounting for 100%, of which 8 villages are concurrently served by the village branch secretary, accounting for 90%, and the village branch committee cadres also serve as one person, accounting for 10%. On the surface, the mediator is very strong, but the opposite is true in practice. The village cadres hold many positions and work tasks are very heavy, and they cannot use the main energy in mediation work. Most of the village cadres and cadres are concurrently the directors of the mediation committee. They also serve as the director of the government, the secretary of the village branch, the accountant of the accounting, the civil affairs, the family planning, and the village-run enterprise, which can be described as shoulder-to-shoulder. The overwhelmed mediator must perform his duties effectively, and the effect can be imagined. Therefore, the mediator in the formal sense has not changed.

Mediation funds are regulated but enforced

The Organizing Regulations of the People's Mediation Committee stipulates that: “The mediator shall enjoy the deputy service of the village committee, and the mediator shall enjoy the subsidy for lost work”. The investigation found that the majority of the mediation committee's funds are subject to the economic situation of the village, the economic situation is good, the village cadre annual income is 3,000 yuan, the poor village is only 1,600 yuan, the monthly average is more than 100 yuan, the village office funding can only be A little bit more. The vast majority of mediation committees are struggling due to lack of funds. We understand that a normal annual expenditure of a committee is 10,000 yuan. The expenditure items include the salary of the mediator, the mediation team leader and the mediator's lost work subsidy, the training fee of the mediator, the office fee of the mediation committee, and the investigation and evidence collection of the mediation work. If we want to emphasize the standardization of the internal affairs of the committee, and build a vertical and horizontal direction, the three-dimensional network pattern of horizontal and horizontal interlacing can only be wishful thinking.

Business work has inheritance but lacks innovation

People's mediation work has a long history, rich accumulation and experience, but changes in the situation, changes in the times, the nature, status, role, and methods of people's mediation have also undergone great changes. None of the mediation committees interviewed in the investigation can fully and accurately express the nature, role, tasks and requirements of the people's mediation. Most mediators still follow the old model and follow the Confucian concept of "harmony and ethics". After the dispute occurred, the parties concerned were persuaded that the parties had become smaller and smaller, and that they were more expensive and compromised. The people’s mediation work under the new situation did not advance with the times, lacked pioneering and innovative, and knew the new people’s mediation system at this stage. Very little. Not to mention the village adjustment committee, that is, the judicial office and the judicial personnel responsible for guiding and managing the people's mediation in the towns and villages are also confused by the new people's mediation system. The understanding is unclear and the concepts are mixed, resulting in the lack of guidance. Not in the situation, can not adapt to the new requirements. Since the implementation of the new people's mediation system, six villages and nine villages surveyed have not been officially operated. Its internal affairs construction and standardized management of documents are also similar. Most of the mediators contacted in the survey have a standardized format of documents and a sense of strengthening internal affairs, but actions and practices often lag behind. Although the six townships and towns surveyed in the case had done one case, but none of the nine villages had one file and one file, three villages had case and processing results, and four villages were only carried by the mediator. There are records in the record book, and there are 2 villages whose names are cleared in time. In fact, they are stuffed into their own "computers", claiming that "remember is good, forgetting is normal." It is imperative to reform the people's mediation system, but at the same time, the mass media mediators are required to advance with the times from the concept, understanding and actions.

III. Some suggestions for innovative development of the people's mediation work in the new era of our city

Deepen understanding and position the people's mediation work

The people's mediation organizations are located at the most basic level, with a wide distribution and a large team. The practical difficulties encountered in people, finances and materials are more prominent. Therefore, the judicial administrative organs at all levels should further strengthen communication and coordination, actively strive for party committees, governments and relevant departments at all levels to understand, attach importance to and support the people's mediation work, earnestly overcome the idea of ​​"strike and lighten defense", and fully recognize the people's mediation work. In implementing the important thinking of the "Three Represents" and the scientific concept of development, adhering to the important role of building the party for the public and governing for the people, strengthening the building of the "three civilizations" and building a well-off society in an all-round way, we will gradually establish and improve various safeguard mechanisms. Create favorable conditions and environment for the smooth development of people's mediation work. We must vigorously strengthen the propaganda of the people's mediation work in the new era and provide a good environment for people's mediation work. It is necessary to incorporate the people's mediation work into the scope of the evaluation of the important work of comprehensive social security, so that the people's mediation work can play a better role in the comprehensive governance work.

Improve institutions and implement the network structure of mediation organizations

It is necessary to innovate the form of people's mediation organization, actively and steadily develop industrial and regional people's mediation organizations on the basis of the establishment of people's mediation committees in villages, towns and towns, and establish various specialized mediation organizations in different industries and systems to develop and improve the people. Mediation work network. The current focus is to grasp the construction of the people's mediation committee in the market and the establishment of a system of people's mediation work with the township and community people's mediation committees; to regulate the construction of the people's mediation committee, all people's mediation committees must follow the "five" and "" The requirements of the "Implementation" will standardize the organization and construction of the People's Mediation Committee, so that when the contradictions and disputes occur, the People's Mediation Organization will play the first line of defense. We must conscientiously grasp the quality research and evaluation work of the mediation agreement.

Openly choose and establish a people's mediation team that is suitable for work

With the acceleration of the socialist legalization process and the enhancement of the people's legal awareness, under the conditions of the market economy, contradictions and disputes have increased, and the difficulty has increased. The legal and business abilities of the mediators engaged in the people's mediation work in the new era have also been raised. The renewal requirements, especially after the reform of the people's mediation system, the expansion of the scope of mediation, the convergence of the mediation system and the litigation system, the cultural level, especially the legal and mediation business has become an important condition for the qualifications of the people's mediators. Therefore, it is imperative to establish a mediation team that can adapt to the work and be strong and strong. It is necessary to introduce a competition mechanism, broaden the channels for hiring mediators, and innovate measures to implement the system of chief people's mediators in the townships and urban communities of the county. The chief mediator of the township is served by a judicial officer stationed in the township. The chief mediator of the community will openly select and recruit candidates, that is, openly select and appoint within each community, and will retired judges, prosecutors, lawyers, legal workers and those with certain legal expertise and mediation in their respective jurisdictions. Cadres, teachers and other personnel are selected to serve as the chief people's mediators. They may be preferred to serve as community mediators or mediators under the same conditions. The Chief People’s Mediator’s wages and benefits, organizational personnel relations, etc. are mainly implemented by the district and county judicial bureaus and the community assists in management. The chief people's mediator shall be issued by the Municipal Judicial Bureau to the "People's Mediator's Qualification Certificate" and shall be certified to work. The specific plan for public selection is formulated and implemented by the Municipal Judicial Bureau.

Strengthen guidance and accelerate the establishment of a long-term mechanism for people's mediation work

Strengthening and improving people's mediation in the new era is a top priority for us. Accelerating the development of people's mediation in the new era is the mission entrusted by history, the requirement of practicing the "three represents", and the inevitable result of advancing the process of grassroots democracy and legal system. The people's mediation work is well done, and the fragrance is not good. If it is not good, it will not stink. The situation that cadres regard as “eat the food” must be highly valued and establish a long-term effective mechanism. First, we must strengthen guidance and effectively improve the level of guidance and management. In addition to understanding the reasons exposed in the investigation, the lack of guidance and lack of scientific and specific guidance methods is also an aspect that cannot be ignored. One of the three communities surveyed bluntly told the community that there is a lot of work in the community. We think that mediation is one of the most important tasks, but there is no requirement, no arrangement, we can only value ourselves. It can be seen that the people's mediation work in the urban area and the community construction failed to develop in parallel. Some mediation directors said that they did not know how to grasp the construction of the Commission and did not know how to carry out the people's mediation work. These issues should be deeply thought out. The grassroots judicial administrative organs at all levels must shoulder the pressure and concentrate, seize the opportunity of community building and people's mediation reform, scientifically formulate guiding opinions for people's mediation, and further strengthen guidance and management. The second is to strengthen the construction of the judicial office and strengthen the guidance and management. At present, the judicial administrative organs at all levels should focus on grasping the good opportunity of strengthening the "two courts and one court" proposed by the National Political and Legal Work Conference and the state's investment in treasury bonds for the construction of the judicial office, and actively seeking the attention and support of party committees and governments at all levels. Further rationalize the management system of the judicial office, strengthen the construction of the judicial office, and strive to complete the work of collecting and constructing the construction, and in accordance with the staffing requirements of not less than three persons in each judicial office proposed by the Ministry of Justice, appropriately increase the local establishment and continuously expand the judicial office. Team. At the same time, in accordance with the "Civil Procedure Law" and the "Organization of the People's Mediation Committee", the judicial assistants are required to perform the statutory guidance and management functions of the people's mediation work, earnestly perform their duties, and effectively change the judicial director's long-term "light pole commander" and multiple positions. The status quo, the actual change to the judicial institutions and judicial assistants under the income-generating indicators, the release of taxes and fees, the joint office and other additional tasks, the real burden on the judicial staff, and the judicial assistant "full-time dedicated." The third is to strengthen training and make a good reserve for the people's mediation reform. The judicial administrative organs at all levels must attach great importance to the training of the people's mediation team and gradually implement the examination, assessment and certification system on the basis of training. It takes two years to get all the certificates to work. It is necessary to do a good job in the assessment and certification of the chief people's mediators and ensure the quality of the “Chief People's Mediator”. The fourth is to strengthen the standardization of construction, so that the people's mediation system and the litigation system are organically linked. It is necessary to standardize the mediation work system, establish five systems of study, regular meetings, dispute management registration, return visits and file management, and use the system to standardize work to prevent the arbitrariness of mediation disputes. To standardize the format of the document. Use the various types of people's mediation work documents uniformly formulated by the Ministry of Justice, and fill them in strict accordance with the requirements to eliminate the arbitrariness of the production of documents. It is necessary to standardize work discipline and working methods and respect the litigant rights of the parties. It is necessary to strictly abide by the no-charge regulations, prevent the fare collection, and increase the burden on farmers in disguise. It is necessary to conscientiously implement the requirements of the Municipal Intermediate People's Court and the Municipal Judicial Bureau on the "Notice on Effectively Strengthening People's Mediation Work", establish a contact system with the People's Court and the People's Court, and form a working mechanism that supports each other and cooperates with each other to resolve conflicts and disputes. A joint meeting will be held in the quarter to strengthen communication and cooperation with relevant departments, so that the people's mediation work will develop in a legal and formal manner. The fifth is to implement funds to ensure the normal implementation of the people's mediation work. In order to fully mobilize the enthusiasm of the mediators, stabilize the grassroots mediation team, and ensure the healthy and stable development of the people's mediation work, it is necessary to establish a funding guarantee mechanism for people's mediation work. It is recommended that the municipal, county and township governments include the funds for the people's mediation work in the budget according to a certain amount, and implement the monthly salary compensation system for the publicly selected media chief mediator, 500 yuan per month, from the municipal and county level financial It is shared by 50%, and is uniformly distributed by the district and county judicial bureaus every month. The township chief mediator implements a work subsidy of 100 yuan per month. It is necessary to continuously innovate ideas and expand channels, and establish anti-disaster incentive funds and people's mediation pensions in cities and counties. It is necessary to create conditions, solve the worries of mediators' life safety, pension insurance, etc., in order to facilitate the mediators to fully work.