Law enforcement personnel of the Labor Security Supervision Brigade of Xingtai Bridge West Hebei Province provide legal advice to migrant workers.
Our reporter Shi Ziqiang photo
With the progress and development of our society, contradictions and disputes have also shown characteristics of rapid growth and multiple demands. Contradictions and disputes involve all aspects of the production and life of the masses. When handled promptly, they can turn negative factors into positive factors. Conversely, they may intensify contradictions and even turn into public security cases and criminal cases. Some may also trigger mass incidents and affect social stability. .
The report of the 19th National Congress of the Communist Party of China pointed out that strengthening the prevention and deflation of social contradictory mechanisms and correctly handling contradictions among the people. In the face of the new situation and new demands, how can we understand the people's feelings in the work of the masses, concentrate on the people's wisdom, safeguard the people's interests, and unite the people's hearts? How to maximize the elimination of contradictions and disputes in the bud and localization?
Rooted in the grassroots, relying on the masses to resolve conflicts
"People in the community, Pengmou, was injured by the villager Mi, and the Peng brothers wanted to wait for the opportunity to retaliate against Mi and his family!" Upon hearing this, Zhang Chengcheng of the Judicial Bureau of the 9th Division of the 9th Division of the Xinjiang Production and Construction Corps was busy. Arrived at the scene. At this point, the two sides have been arrogant.
When you meet the mediator, both sides give a few points. Zhang Chengcheng passed emotional guidance and legal explanations. After some efforts, both sides agreed to sit down and discuss. Zhang Chengcheng said that when they were sensible, and then rationalized and legal, after the persuasion, the two families finally reached an agreement: a certain party agreed to compensate the other party for 2,500 yuan including medical expenses, transportation expenses and other expenses.
"Your mediation work is better than fists!" The masses praised Zhang Chengcheng and other people's mediators as "firefighting captains" and the mediation results were convincing.
"People's mediators are rooted at the grassroots level, come from the masses, are familiar with social conditions and public opinion, and are at the forefront of preventing and resolving contradictions." The relevant person in charge of the Ministry of Justice introduced that all localities pay attention to the absorption of retired political and legal police, old teachers, and old party books to participate in people's mediation work. Dissolution of disputes at the grassroots level, eliminating the bud, and building a "first line of defense" to maintain social harmony and stability.
A case of a group of heads in Zhenxin Street, Jiading District, Shanghai, was eliminated in the bud by the participation of the people's mediators.
“A community committee in the street intends to fire the property company. It is ready to consult the owner during the National Day. The property company is not 'comfortable' after the news, indicating that it will end the work before the festival. Withdrawal of property management.” Fei Ping, director of the Zhengxin Street Judicial Office in Jiading District, Shanghai, said that it is easy to trigger mass incidents if this matter is not handled well.
"On the one hand, looking for a property company, indicating that arbitrarily withdrawing from property management not only violates corporate integrity, but also does not meet the property management norms; on the other hand, it is necessary to persuade the community committee to change the property company according to procedures, and it cannot be rushed for a while. If the property management is not connected, it is likely to cause garbage and disorder in the community." Fei Ping said that due to the timely intervention of the people's mediators, the rotation of the property company was smooth and stable.
Professional evaluation, establish a good reputation
In addition to solving the problem, the people are also interested in the process of handling is not reasonable and fair. In Hubei Enshi Tujia and Miao Autonomous Prefecture, each villager’s home has a legal advisory group service card with the name of the lawyer, telephone number, and type of case that is good at acting. “With the problem, the villagers usually contact the lawyers, not to mention which party they are, and ask the lawyers how to deal with them according to the law. Some of the parties also call different lawyers to verify whether the contradictions are handled fairly. Consistently, it is naturally convincing," said Tong Jun, a lawyer of the Legal Advisory Group of the Musi Office in Enshi.
For some time, "medical trouble" behavior has occurred from time to time. In some places, there have even been vicious incidents of medical treatment. Contradictions between doctors and patients have become a hot topic of concern to the people. How to safeguard the rights and interests of doctors and patients and resolve disputes between doctors and patients? This needs to break the information asymmetry between doctors and patients and professional barriers in the industry, and seek rational ways to safeguard their rights. The industry and professional people's mediation has established a platform for rational dialogue between doctors and patients.
Professional people do professional things, and mediation can only be settled according to law. "Medical disputes have a strong professionalism, and it is especially important to determine whether there is a fault in medical behavior. In order to ensure that the results of the responsibility determination are more scientific and persuasive, Jiangsu Yuyang Medical Commission invited representatives of the medical and legal experts in Fuyang City. Professional evaluation from both medical and legal aspects not only dispels the doubts and doubts of family members, but also allows doctors to face up to the shortcomings in the diagnosis and treatment process. Song Xiangjun, mediator of People's Mediation Committee of Doctor-patient Disputes in Puyang City, said that the more legal problems The more complex the level involved, the more it is necessary to mediate according to law, so that the case can be clear and clear, so that the conviction and respect of the parties can be won and a good reputation for fairness and justice can be established.
Sunshine letter and visit, vigorously supervise and promote implementation
Some migrant workers have petitioned because they have suffered arrears of wages. Some owners have "satisfied with the lawsuit" because of real estate disputes. Some people are dissatisfied with the administrative decision of the administrative authorities to request compensation. Since the National Bureau of Letters and Calls initiated the introduction of lawyers to participate in the reception work, these situations Liu Jun, a duty lawyer, has experienced it. "It is necessary to put out the fire and not to ignite the fire." Liu Jun said, "As a third party involved in the reception of letters and visits, in addition to explaining the laws and regulations to the petitioners, the lawyers will also make suggestions for the final resolution of contradictions and strive to maintain social stability."
Letters and visits are "the work of the masses sent to the door" and are also a comprehensive reflection of social contradictions. Every visit to the hospital, the processing of each letter, and the handling of each case are all solving problems for the masses and resolving contradictions and disputes. To this end, the National Letters and Calls System has continuously improved the professionalization, rule of law and informationization of letters and visits in the reform of the petition work system in recent years through the creation of sunshine letters and visits, responsible letters and visits, and rule of law letters and visits.
"Data runs more, people run less errands", using the Internet, not only the process is transparent and timely, but also greatly reduces the visit and cost of the people. From the National Letters and Calls Bureau in 2013, the content of complaints accepted by the masses was fully liberalized. By 2015, the National Letters and Calls Information System was established, and the nationwide “One Netcom”, which was vertically connected to the township streets and horizontally covered to the responsible department for handling letters and visits, has been realized.
When some people solve conflicts, what should they do if they do not believe in the law? Only by including letters and visits in the rule of law can we change the problem of relying solely on administrative promotion in the past. From the Central Office and the State Council, the "Opinions on Handling Legal and Legal Complaints Concerning Law-related Complaints by Law" was issued, and the National Letters and Calls Bureau formulated and issued the "Rules for the Classification and Processing of Letters and Visits Appeals According to Law", and the people involved in the law-related complaints are increasingly choosing. Judicial channels reflect and solve problems.
The masses' problems reflect that there are solutions, but if the responsible departments are not moving, then social contradictions are prone to "small things are a big problem." In March 2018, the National Bureau of Letters and Calls, together with the Ministry of Housing and Construction and the Ministry of Natural Resources, formed an inspection team to go to Henan, Hubei, and Guangdong to conduct on-site supervision of 14 letters and visits. Supervisions like this have sent more than a dozen batches in recent years, which have effectively promoted the resolution of a number of outstanding letters and visits and safeguarded the legitimate rights and interests of the masses. Nowadays, all localities attach great importance to the use of supervision to promote implementation, and adopt online inspections, on-site inspections, joint inspections and other means to increase supervision and inspection, so as to resolve and resolve key complaints.
Set up a platform and negotiate honestly
“An elliptical table, a comfortable chair, a newspaper rack, and a full house of tea.” After a tea room carefully arranged by the community staff, you will feel at home when you enter the door. This is a private teahouse set up in Lanling Street, Tianning District, Changzhou City, Jiangsu Province.
Interpretation of the people and confuse the people, the people's love tea seat gathered together. The teahouse is open to the residents for many years and has become a platform for community work communication. There are public issues in the community and corridors to discuss. Everyone is scheduled to meet in the tea room. The content involves community work, democratic councils, community management and other topics. Community workers and community residents can exchange views and seek solutions together.
At the window of No. 131, Xicheng District Comprehensive Administrative Service Center, this is the place where the people's mediator Liu Yuexin receives the consultation and mediation every Monday. After engaging in grassroots legal services for 30 years, Liu Yuexin's mediation experience has become more and more abundant. Many people are rushing to him. "If there is anything I can't figure out, I will talk to Teacher Liu."
"At the moment, in the contradictions and disputes that the people come to consult, there is very little need to go to court." Liu Yuexin said: "When the parties are confused, tell them how to choose, and give advice to the people through consultation."
In Huangpu District of Shanghai, the petition work actively promoted the “intimate mother” project, and helped the petitioners return to rational and reasonable demands from the perspective of caring. “Do a good job of guaranteeing the bottom, pull back some of the paranoid and unreasonable appeals, and let them feel the warmth of the society.” Li Ping, a staff member of the Huangpu District Letters and Visits Office, introduced a joint effort between the counselor and the petition staff. Putting after-the-fact interventions more for pre-emptive prevention.
"People live a breath, the people sometimes just want to argue for it." In response to the prevention and resolution of contradictions and disputes, the staff of the Shanghai Letters and Visits Office said that in addition to interpreting the law, it is necessary to do a good job of emotional counseling. "To do a good job in the masses requires a patient and meticulous persuasion and listening platform."
(Reporters Zhang Yi, Liao Wengen, Peng Bo, Zhang Yang, Xu Wei, Zhang Wei, Wei Zhezhe, Ni Wei)
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