Promote diversified resolution of contradictions and disputes on the track of rule of law

2025-01-15

The Third Plenary Session of the 20th CPC Central Committee pointed out that "the rule of law is an important guarantee for Chinese path to modernization" and "comprehensively promoting the legalization of all aspects of the country's work". Adhering to the rule of law in an all-round way has pointed out the direction for further deepening reform and promoting Chinese path to modernization on the rule of law track. Guilin City, Guangxi Zhuang Autonomous Region, adheres to and develops the "Fengqiao Experience" of the new era, continuously improves and perfects the grassroots governance system that combines autonomy, rule of law, and moral governance, gathers wisdom and strength to use legal thinking and methods to resolve conflicts and disputes, and creates a harmonious and stable legal environment for building Guilin as a world-class tourist city. 1、 Strengthening the rule of law thinking, enhancing the awareness of the rule of law, and using legal thinking and methods to resolve conflicts and disputes are distinctive features of the "Fengqiao Experience" in the new era. We firmly grasp the scientific connotation and practical requirements of the "Fengqiao Experience" in the new era, strengthen our awareness of the rule of law, and do a good job in preventing and resolving conflicts and disputes through legal thinking and methods. Establish the concept of nourishing the people's hearts with the law and explain the "legal principles" in a clear and concise manner. We cultivate a brand of rule of law based on the actual situation in Guilin, combined with Guilin's scenery and ethnic characteristics, establish and improve a long-term mechanism for legal publicity and education, promote the gradual transformation of legal popularization work from "extensive legal popularization" to "precise service", interpret legal principles in the language of the masses, explain legal principles with vivid cases, guide the masses to strengthen their legal thinking, and use methods to find and solve problems when encountering problems. Strengthen the concept of governing for the people and patiently guide and explain the "truth". Persist in improving the way of reasoning, distinguish between contradictory issues of different natures, accurately grasp the emotions and demands of the masses, and "prescribe the right medicine" to distinguish between right and wrong and dispel doubts. Great principles should be explained in a concrete and vivid manner, deeply ingrained in the heart and mind, and recognized and followed by the masses; Small truths should be explained appropriately and logically, allowing the masses to see an objective and fair stance. By patiently and meticulously explaining policies, reasoning, and advantages and disadvantages, we guide the masses to handle their interests properly and fight for their legitimate rights and interests in a legal, reasonable, and reasonable manner. Tree firmly adheres to the concept of people-oriented and puts oneself in the shoes of others to explain 'reason'. Reason is another criterion for distinguishing right from wrong beyond legal principles and reasoning. We firmly establish the service concept, take the satisfaction of the masses as the starting point and foothold of our work, truly take the warmth and coldness of the masses into our hearts, pay close attention to the interests and demands of the masses, correctly handle the relationship between law and emotions, discipline and human feelings, and take resolving conflicts and disputes and realizing the reasonable wishes of the masses as the goal of our efforts. 2、 Consolidating the responsibilities of all parties, fulfilling their duties in accordance with the law, and building an efficient and collaborative diversified dispute resolution system is a comprehensive and long-term arduous task. Clarifying responsibilities is conducive to promoting implementation. We insist on consolidating responsibilities, clarifying the specific responsibilities of all parties involved, and supervising their implementation to achieve the expected goals. Establish a sound responsibility system. We will focus on building a responsibility system where the Party committee leads, the government is responsible, and each department performs its own duties. Party committees and departments at all levels shall coordinate and promote the construction of mechanisms for preventing, investigating, warning, and resolving conflicts and disputes at the source, in accordance with laws and policies, and timely resolve conflicts and problems on the spot to prevent risks from escalating. All relevant departments shall strengthen the investigation and resolution of conflicts and disputes that are prone to occur in their respective industries and fields in accordance with the principle of "whoever is in charge is responsible", and promptly and properly handle conflicts and disputes within their scope of authority. Utilize political and legal functions. The judicial organs, based on their judicial functions, orderly promote the resolution of conflicts and disputes at the source through judicial suggestions and other means in accordance with the law. The procuratorial organs fully play their functional roles, improve mechanisms such as using procuratorial hearings to promote dispute resolution, and promote the proper resolution of civil disputes and substantive resolution of administrative disputes. The public security organs implement proactive policing and preventive policing, and strengthen monitoring, warning, and disposal of conflicts, risks, and hidden dangers within their jurisdiction. Judicial administrative organs strengthen guidance on people's mediation, administrative mediation, and industry-specific professional mediation, integrate grassroots legal service forces, and improve the quality and efficiency of front-end prevention and on-site resolution of conflicts and disputes. Persist in internal and external linkage. To establish a positive interaction with the Party committee, government, grassroots organizations, etc., Guangxi has taken the lead in piloting a diversified joint mediation mode for labor disputes, which includes the "three parties and four companies" (the government, enterprises, and employees; the four companies are the labor administrative department, trade union organizations, the Federation of Industry and Commerce, the Enterprise Federation, or the Entrepreneurs Association)+court+judiciary. Circuit courts and joint mediation centers for enterprise disputes have been set up in industrial parks to provide "one-stop" and "outpatient" legal services for enterprises. Guilin Joint Mediation Center for Labor Disputes in New Employment Forms was established to provide judicial support for the development of new employment forms in the Internet era. Strengthen social collaboration. Integrate dispute resolution mechanisms and litigation service methods into a one-stop centralized system, and build multiple types of dispute resolution platforms based on the characteristics of dispute types in the jurisdiction, to achieve effective linkage between institutional mechanisms, work procedures, and mediation effectiveness. Through tax support and policy incentives, we will strengthen the protection and rewards of the rights and interests of relevant legal workers, widely attract legal service volunteers, and guide them to actively participate in grassroots public legal services. 3、 Establishing a solid foundation at the grassroots level and weaving a dense legal grid is the foundation of social stability and the main place for preventing and resolving social conflicts and disputes. We are targeted and continue to work hard to solve problems and eliminate hidden dangers by addressing grassroots issues and laying a solid foundation. Relying on the comprehensive governance center to gather strength. Improve the grassroots social governance model of "comprehensive governance center+grid+informatization", and fully establish city, county, and rural comprehensive governance centers. The county-level and township comprehensive governance centers are promoting the integration of themselves with litigation service centers, public legal service centers, petition reception halls, etc., to accept and resolve conflicts and disputes through a "one door" and "one-stop" approach, achieving joint resolution of disputes and joint creation of peace. The village (community) strengthens the "first line of defense" functions such as investigation, warning, and resolution. Build a strong professional team and increase efficiency. Persist in doing a good job in people's mediation, with a focus on the two levels of people's mediation committees in rural areas, fully equipped and strengthened, increased training efforts, strengthened professional mediation capabilities, and fully resolved conflicts and disputes. Implement effective administrative mediation, and strengthen administrative mediation in areas such as consumer rights protection and environmental pollution by various functional departments in accordance with the law, to properly resolve conflicts. Strengthen judicial mediation, improve the quality and efficiency of judicial mediation. For disputes brought to the court, the court will organize mediation before and during litigation to promote substantive resolution. Conduct industry-specific and professional mediation, focus on areas with frequent conflicts and disputes, promote the improvement of mediation organizations in finance, healthcare, and other fields, and ensure that professional issues are professionally mediated. Empower with cutting-edge technology. The Guilin Comprehensive Management Center fully utilizes information technology to strengthen the connection and coordination with various departments, enhance analysis, judgment, and overall coordination. Build a "one-stop" platform for resolving conflicts and disputes at the county and rural levels, open up channels for resolving conflicts and disputes, and achieve "one network sharing and social governance". Promote the construction of a county-level social security and stability risk index platform, and promote the transformation of grassroots governance towards cloud and mobile through the development of mobile applications. 4、 Establish a sound operating system and promote a comprehensive, stable, and long-term mechanism for upholding law and good governance. We focus on establishing and promoting a diversified system and mechanism for resolving conflicts and disputes, investing a large amount of personnel and resources in source prevention and diversified resolution, strengthening work management and guarantee, and enhancing the ability to resolve disputes through fixed allocation. Improve the source prevention mechanism. Adhere to making decisions in accordance with the law, strictly implement the social stability risk assessment mechanism for major decisions, improve the system of public disclosure, hearing, expert consultation and argumentation, etc., and prevent conflicts and disputes caused by improper front-end work such as decision-making and approval. Standardize the operation of law enforcement and judicial power, adhere to law based administration and governance, and promote the legalization of institutions, functions, powers, procedures, responsibilities, etc. Adhere to the combination of punishment and education, and use non coercive means such as interpretation, reasoning, warning, etc. to make law enforcement more humane. Improve the supervision system, enhance the quality and credibility of law enforcement and judiciary in the field of politics and law. Improve the investigation and early warning mechanism. Implement a three-level control mechanism for conflicts and disputes, and strengthen the responsibilities of grassroots forces such as village secretaries (grid leaders), auxiliary police officers, and township political and legal committee members. Establish a joint meeting system, analyze the situation of conflicts and disputes, and study and solve prominent problems. Promptly investigate and analyze emerging sexual orientation issues, provide work suggestions, and develop mediation plans. Unified registration and acceptance of contradictions and disputes submitted by the masses for mediation, implementing "territorial management" and "whoever is in charge is responsible". Improve diversified resolution mechanisms. Based on people's mediation, we will improve the administrative mediation mechanism where governments at all levels take overall responsibility, judicial administrative organs take the lead, and various functional departments are the main body, and strengthen the role of courts inviting mediation and procuratorates holding hearings. Give full play to the role of administrative reconsideration as the main channel for resolving administrative disputes, explore and improve the institutionalized channels for the participation of National People's Congress deputies in resolving conflicts and disputes, fully leverage the power of lawyers, notaries, legal aid, etc., and improve the linkage mechanism between various resolution methods. (New Society)

Edit:Rina    Responsible editor:Lily

Source:gmw.cn

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