After a dispute arises between villagers, Both parties to the dispute may first request the village committee of the village to mediate the dispute. The mediation agreement of the village Committee is equivalent to a contract reached by both parties to the dispute to dispose of their rights. There is no similar judgment in law. Enforcement of the ruling. ?
if the village Committee fails to mediate, Then both parties to the dispute may request the people's court to decide the dispute. ? Another way is to apply to the arbitration commission for arbitration. Request an arbitration institution to make a ruling. ? Where the parties have the right to dispose of a civil dispute, both parties to the dispute may submit the dispute to arbitration.
China's laws clearly stipulate the scope of disputes that can be submitted for arbitration. ? According to the Arbitration Law of the People's Republic of China? The second rule,? "Citizens of equal subjects? Contract disputes and other property rights disputes between legal persons and other organizations. It can be arbitrated. " ? The scope specifically includes:
(1)? All kinds of contract disputes. ? Including buying and selling, Gift, lease,? Entrusted,? Discipline,? Processing contract,? Technology,? Architecture,? Real estate,? Product quality, transportation,? Warehousing,? Finance,? Securities,? Insurance,? Futures,? Investment? Copyright,? Patents,? Trademark,? Foreign affairs,? Economy and trade? Maritime affairs, maritime affairs and other contract disputes. ?
(2)? Other property rights disputes. ? Non-contractual property rights disputes mainly refer to infringement disputes. Including consumer rights disputes,? Maritime tort disputes and other tort disputes involving property rights and interests. ?
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factors
with the establishment of the socialist market economic system, the adjustment of economic structure and industrial structure has accelerated, and the adjustment of interests within the villagers has also accelerated, and social contradictions are bound to emerge. The main reasons are as follows:
1. Rural villagers have a weak legal concept. In rural grassroots, especially in remote mountainous areas, some villagers' weak legal concept still exists to varying degrees, which is embodied in the fact that the scope of private contracting has expanded after the implementation of joint production contracting in rural areas, and there have been conflicts over water, land and contracting rights.
We can't consciously use legal weapons, not relying on public relief, but relying on private relief. If it's light, it's cursing, if it's heavy, it's beating, and if it's urgent, it's killing. Some people just haggle over trifles such as children's quarrels, livestock and woodland, causing discord in the neighborhood.
2. Some grassroots cadres don't understand the importance of solving civil disputes. Some people think that rural work is complicated and there is no time to take care of civil disputes; Some people think that rural economic work is a "hard indicator", while dispute resolution is a "soft indicator".
We didn't recognize correctly handling disputes as the importance of promoting social stability in the new period, and everyone didn't recognize it as creating a good social atmosphere for economic development, and didn't recognize it as an important part of comprehensive social management. We were just content with meeting and issuing documents, which was too formal.
the uncoordinated coordination, untimely work, lack of initiative, lack of implementation, lack of understanding and lack of initiative, resulting in the lack of implementation of the work, are the main reasons for the ineffective settlement of disputes.
3. Strengthen the popularization of law and safeguard the legitimate rights and interests of rural villagers. It is necessary to strengthen the education of villagers' policies and regulations, expand the breadth and depth of popularizing the law, and adopt various publicity methods, such as radio and television speeches, legal lectures, students taking the law home, public approval and adjudication conferences, and cultural performances.
In rural areas, we should carry out in-depth popularization of legal knowledge, pay special attention to popularizing targeted laws and regulations related to farmers' life and production, publicize knowledge of obeying the law and how to use legal knowledge to protect their legitimate rights and interests, and also vigorously promote the openness of village affairs, enhance transparency, and mobilize the majority of villagers to actively participate in village affairs management, so as to make cadres and masses understand, support and trust each other and reduce disputes between cadres and masses.
At the same time, extensively carry out education on socialism, collectivism and patriotism, guide the masses to be positive, establish a correct outlook on life and values, and constantly strengthen cultural ethics and self-cultivation, so as to treat things calmly, be humble to each other, and participate in handling them together.
4. Improve the quality of the team to meet the needs of the new era. Firstly, we should improve the quality of existing personnel as soon as possible by means of training, and make full use of various adult education positions to carry out planned and purposeful legal theory training. Through training, improve the awareness of cadres at all levels on the importance of strengthening legal construction under the new situation, and improve their legal knowledge and policy level.
furthermore, we should publicize the legal system to the broad masses through cadres at all levels, and ask every leading cadre to specifically ask questions about contradictions and disputes that have great influence, help coordinate the relations between various departments, and put the mediation of contradictions and disputes into the hands of people, so as to report regularly and close the case regularly. If the contradictions and disputes are not handled effectively and have a significant impact, the responsible person shall be investigated for responsibility.