After mediating conflicts and disputes, I am most afraid of encountering "not admitting accounts afterwards". The parties have reached a mediation agreement, but the performing party regrets not to perform, which not only wastes a lot of public resources, but also requires a lot of time and energy for the parties to protect their rights through judicial channels, and may also lead to secondary conflicts and disputes. Such a situation occurs at the grassroots level and troubles the grassroots level.
A judicial confirmation ruling brings about change. On April 9, 2024, a civil ruling issued by the Wenjiang District People's Court of Chengdu was served on the two applicants. For the applicants, the contradictions and disputes they have been entangled in for more than a month have basically settled. The field of vision has been broadened, and this thin two-page civil ruling has become the first "one-stop dispute resolution" judicial confirmation ruling in Chengdu.
What exactly is the purpose of the "first in the city"? What is the gold content? What are the practical considerations behind it? Focusing on these issues, the reporter conducted an investigation and visit.
Authoritative + enforceable
Let the mediation agreement no longer be a piece of paper
The city's first "one-stop dispute resolution" judicial confirmation ruling was applied to the Wenjiang District People's Court with the assistance of the Yunxi Police Station of the Wenjiang District Bureau of the Chengdu Municipal Public Security Bureau. Behind the judicial confirmation ruling is a "dog bites" dispute that has caused a headache for grassroots police stations.
Just after 9 a.m. on February 29, 2024, Yu Li's (pseudonym) son was bitten on the calf by an unleashed puppy while playing in the playground outside Jinshuiwan, Wenjiang District. After the child was bitten, Yu Li took a photo of the puppy and asked the surrounding people, who told her that the puppy was raised by Yi Song (pseudonym) in the community. Yu Li found Yi Song, who admitted that the dog was raised by him.
Yu Li reported to the police, and the police at the police station coordinated and dealt with it many times, but the two sides have been deadlocked. Until April, after the mediation of the police station, full-time mediators, and public mediation lawyers, the two parties finally reached a mediation agreement, and Yi Song compensated Yu Li for medical expenses and transportation expenses totaling 3,000 yuan.
A mediation agreement was reached, and the dispute seemed to be resolved. But in reality, most likely, this is only the beginning of the problem. Qian Bo, director of the Yunxi Police Station, told reporters that if an agreement like this is reached and not fulfilled on the spot, it is likely to "rip off" and "not admit the account afterwards", and the performing party will not give money when the agreed deadline is reached. The parties have only one way to go through civil litigation, and it takes a lot of time and energy, and it is precisely because of this concern that many parties are unwilling to sue, so they keep calling the police, complaining about the inaction of the police, and even causing petitioning incidents.
Why didn't the dispute between Yu Li and Yi Song arise? The reason is that through the judicial confirmation mechanism, the police station assists in the application, and the judicial confirmation ruling issued by the court makes the seemingly thin piece of paper mediation agreement have judicial authority and enforceability. In the process of performing the contract, if the performing party breaches the contract and fails to perform, the parties can directly use the judicial confirmation to apply to the court for enforcement, and there is no need to claim rights through litigation procedures.
One-stop + assistance with application
Resolve education and training disputes involving a large number of people
If the city's first "one-stop dispute resolution" judicial confirmation ruling is just an icebreaker, then the ensuing education and training dispute is a big test, and 57 "one-stop dispute resolution" judicial confirmation rulings are issued at one time. From "1" to "57", it is not only a quantitative change in numbers, but also a qualitative change in the way conflicts and disputes are mediated.
On April 7, 2022, an education and training institution held a dance training class on Xuehai Road, Wenjiang District. After February 29, 2024, the company repeatedly postponed the start of classes, but in fact it was unable to continue its training business due to poor management.
The student repeatedly contacted the legal representative Yang Qian (pseudonym) to ask to continue the class or refund the tuition, but Yang did not reply positively to the student. During this period, the trainees reported to the relevant departments many times, and the relevant departments suggested that the trainees file judicial proceedings.
On April 12, the crowd called the police. The police station investigated and found that the groups involved in the dispute included college students, children of all ages and some middle-aged women, and the group had a strong desire to withdraw from the dispute and defend their rights. In response to the above situation, the Yunxi Police Station took the initiative to carry out mediation work, collected evidence in 10 days, and carried out two mediations, and the company promised to refund the training fees of 57 trainees totaling more than 160,000 yuan before May 15. The police station applied to the court for judicial confirmation of 57 mediation agreements. After review, on April 22, the Wenjiang District Court issued 57 civil rulings confirming the validity of the coordination agreement. So far, the education and training dispute has been successfully resolved, and the contradiction and dispute have been eliminated in the bud. On April 29, several trainees sent a pennant to the police station to express their gratitude.
As the main participant, Wang Jun, a police officer from Yunxi Police Station, was deeply touched by the resolution of these education and training disputes. "We had no experience in this kind of conflict and dispute between dozens of people at the beginning, and the proposed agreement had many flaws, the content was not comprehensive, and the detailed identity information of all the students was not registered, and the judge brought it up to us in time." Wang Jun said that such disputes over education and training are more frequent, and how to deal with them has always been a difficult and painful point.
It is worth mentioning that whether it is the city's first "one-stop dispute resolution" judicial confirmation ruling that resolves the "dog bites people", or the 57 judicial confirmation rulings that successfully resolve education and training disputes, they are all carried out online, shortening the judicial confirmation process from 30 days to 30 minutes.
Pre-application + online
Break the contradiction and mediate the difficult pain points
The reporter found that from "1" to "57" judicial confirmation rulings, they all point to the innovative contradiction and dispute mediation mechanism of "one-stop acceptance, online linkage, and closed-loop dispute resolution".
In the 60s of the last century, the cadres and masses of Fengqiao, Zhejiang Province created the "Fengqiao experience" of "relying on the masses to resolve contradictions on the spot". Since then, the "Fengqiao Experience" has gone from one place to the whole country, taking root in the vast land of China, and growing and flourishing in the fiery social practice.
The contradiction and dispute mediation mechanism of "one-stop acceptance, online linkage, and closed-loop dispute resolution" is the "Fengqiao experience" in the new era. In April 2024, the Political and Legal Committee of the Wenjiang District Party Committee began to explore pilot projects in the whole region, and completed the full-chain investigation and resolution mechanism of contradictions and disputes in grassroots police stations, judicial offices, and courts.
According to the relevant person in charge of the Political and Legal Committee of the Wenjiang District Party Committee, the mechanism divides the resolution of contradictions and disputes into three steps.
The first step is to take the police station as the front-end "first stop", give full play to its function of absorbing contradictions, and set up a "mediation studio" composed of people's police, people's mediators, public mediation lawyers, and resident mediation lawyers to reach a mediation agreement.
The second step is to break down the judicial barriers, put the application for judicial confirmation and habeas corpus in front of the police station, and realize the "one-stop service" of allowing the data to run more errands and the masses to run less through online application.
The third step is to push the contradictions and disputes that are difficult or unsuccessful in the front-end mediation of the police station to the relevant functional departments through the "Smart Chengdu Microgrid Real Grid" platform in a timely manner to form a closed loop.
The world's martial arts, only fast is not broken. The comparison of a set of data before and after is very revealing, through the "one-stop" dispute resolution, the judicial confirmation process has been shortened from 30 days to 30 minutes, the habeas corpus process has been shortened from 72 hours to 20 minutes, and the applicant's time and economic costs have been reduced to almost zero.
Taking the Yunxi Police Station as an example, there are nearly 20,000 police cases every year, one-third of which are contradictions and disputes. Under the mechanism of "one-stop acceptance, online linkage, and closed-loop dispute resolution", the feelings of the masses are very real. Ms. Zou, a student in the education and training dispute, said, "The speed is also very fast, you don't have to delay for a long time, and you have more confidence in your heart!" ”
It is not difficult to see that behind the issuance of the city's first "one-stop dispute resolution" judicial confirmation ruling is not only the practice of the "Fengqiao experience" in the new era, but also provides a new solution to the difficulties and pain points in mediating conflicts and disputes.
Chengdu Daily Jinguan News Reporter He Liang Picture He Liang Editor-in-charge Luo Hao Editor Dai Aizen