Give full play to the dispute resolution function of mediation

Mondo Technology Updated on 2024-01-31

[In-depth study and implementation of the spirit of the 20th National Congress of the Communist Party of China, Chinese-style modernization, expert perspective].

Authors: Zhong Xiaowu (Vice President of Jiangxi Academy of Social Sciences, Special Researcher of Jiangxi Provincial Research Center for the Theoretical System of Socialism with Chinese Characteristics), Lai Lihua (Director of the Institute of Law, Jiangxi Academy of Social Sciences, Special Researcher of the Jiangxi Provincial Research Center for the Theoretical System of Socialism with Chinese Characteristics).

The urban and rural grassroots are the cornerstone that affects the development of the party's cause, the country's long-term peace and stability, and the people's happiness and well-being. The report of the 20th National Congress of the Communist Party of China emphasized that "improve the mechanism for correctly handling contradictions among the people under the new situation", and pointed out that "contradictions and disputes should be resolved at the grassroots level and in the bud in a timely manner".

As an important part and method of the mechanism for resolving multiple contradictions and disputes with Chinese characteristics, mediation has made important contributions to resolving social contradictions and disputes at the grassroots level in urban and rural areas and promoting social harmony and stability at the grassroots level in urban and rural areas.

Making full use of mediation to resolve conflicts and disputes at the grassroots level in urban and rural areas, and using the means of the rule of law to resolve contradictions and disputes among the people is an important part of the current construction of rule of law in China. Mediation uses methods such as guidance, explanation, reasoning, education, and criticism to allow the parties to the conflict to understand and make mutual concessions reach a settlement, so as to achieve the good effect of settling the dispute. Most of the contradictions and disputes belong to the disputes between social individuals, which are relatively mediatable. Mediation mainly relies on the people themselves, respects the will of the parties more, is easy to be accepted by all parties, has the advantages of convenience and efficiency, low cost, non-confrontation, etc., can quickly solve the people's urgent and difficult problems, and fully embodies the people-centered development thinking.

Giving full play to the important role of mediation in resolving disputes and maintaining social stability is conducive to promoting the modernization of social governance. To promote the modernization of social governance, it is necessary to change the traditional thinking of administrative management and control, adhere to the rule of law thinking, source governance, and mass self-governance, stimulate social vitality, and achieve a good social governance effect of harmonious and orderly development. To reconcile and resolve the contradictions among the people, it is more necessary to achieve this by smoothing and standardizing the channels for the expression of the masses' demands, the coordination of interests, and the protection of rights and interests, and the provision of high-quality and refined services. Mediation is an important way to rely on the strength of the masses themselves, adhere to the combination of the rule of law and the rule of ethics, realize the self-governance of the masses, and maintain the harmony and stability of the grassroots society.

Under the new situation, it is necessary to improve the comprehensive mechanism for multiple prevention, mediation, and resolution of social contradictions and disputes, effectively resolve contradictions at the grassroots level, and maintain social stabilityPut non-litigation dispute resolution mechanisms at the forefront, promote more rule of law forces to use force on the guidance and guidance ends, and strengthen the prevention of conflicts and disputes at the source, front-end resolution, and control of the gates.

Adhere to and improve mechanisms for the diversified resolution of contradictions and disputes, and earnestly maintain social harmony and stability. The first is to establish and improve the grand mediation mechanism. Improve and improve social mediation mechanisms, give full play to the mediation efficacy of people's mediation, industry mediation, commercial mediation and other types of social mediation, continuously improve and optimize administrative mediation and judicial mediation mechanisms, and build a large mediation mechanism that complements each other. The second is to improve the system of mediation rules. Further improve the legal and regulatory system of mediation, standardize the social mediation, administrative mediation, and judicial mediation systems as a whole at the national level, and in particular, regulate social mediation through legislation, consolidate the legal foundation of mediation, enhance the authority and credibility of social mediation, and better play the role of mediation on the track of the rule of law. The third is to focus on improving the level of professionalism and rule of law in mediation. Actively cultivate a professional team of mediation talents, and promote the establishment of a nationwide lawyer mediation system. Encourage retired judges, prosecutors and law teachers to participate in dispute prevention and resolution. Establish a stable team of mediators and promote the professional development of social mediation.

Bright**, December 27, 2023, 05 edition).

*: Guangming Network - "Bright **".

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