Dispute resolution to mobilize the people from the mobilization of cadres

 Place of civil mediation Ming Shen Mingting
1979 ---- National Court accepted 520,000 cases in 1989 rose to 2.6 million, five times in 1979. The next decade, the court concluded the first or second instance, the trial supervision number of cases overall, sustained rise, up to 6.23 million in 1999, double than in 1989 and in March .2009, Wang Shengjun, president of the Supreme Court work report: In 2008, the national courts, cases of 10,711,275. According to the current growth rate of the cases, the amount of estimated cases in 2009, may reach 11 to 12 million, compared to 1999, had almost doubled.
these years, the court case of crisis response to the basic measures that soldiers to be blocked, the water to soil flooding, by continuously increasing the officials to deal with cases of crisis. at all levels all over the court continued the addendum. this through the mobilization of cadres to cope with the social crisis of thought, not only in the courts work, and also reflected in the public security , urban management and other departments. the public security department constantly addendum, in addition to recruit a large number of Police Association, Association tube to make up for lack of strength. this through the mobilization of cadres, the expansion of establishment, to respond to the idea of social crisis, the greatest evils are the people responsible for increasingly heavy and increasing social conflicts. To this end, we must carefully reflect on the full years of dispute resolution policy, and for the direction of adjustment, from the mobilization of cadres to mobilize the masses, let the people solve the people's disputes. will of the people organized and united around the national power, playing with people's war to settle disputes.
it was thought, contemporary Chinese society in transition, an increase of cadres has its historical inevitability. This was wrong. Take Japan for example. World War II Sixty years later, the Japanese society has gone from agrarian society to a modern society in transition, transformation through the city. The Japanese judge to determine the total amount of legislation, and six years, has remained at about two thousand, of which only micro adjustments. This shows, economic development, social transformation, state agencies can not be augmented by members of the grounds. is a problem with our policy.
I conducted a preliminary investigation to the Long County, one of the greatest feeling is that Long County Court, intentionally or unintentionally doing a great experiment, that is to mobilize the people to resolve disputes, the people, embodied the lack of legal expertise and authority, and the combination, organically state power, expertise and local knowledge of people together. This is indeed a great initiative, it is worth in-depth discussion of the legal profession. the Supreme Court from a strategic height, encourage and support exploration Longxian court, sum up experience. I hope Longxian county court and the principle of pragmatic truth, potential down to, down to earth to continue this great practice. Do not over-ambitious, do not be too anxious. I hope that the Supreme Court and the strength of the academic organization of Longxian practice of reform, in-depth, long-term tracking studies, and help them sum up experiences, identify problems and to explore a Chinese characteristics, in line with China's national conditions of the Road Dispute Resolution .
must be soberly aware that China's judicial reform, if they can not build an effective civil disputes settlement mechanism of the reform in general terms, there is no way out. Now the court has been exhausted, and the community are still dissatisfied, and why? reasons is that the court one hundred thousand or so. Jiang will be the new president was in the article pointed out that Germany is much less than the total population, but its annual number of administrative litigation is five times that we, that the annual number of affected cases is fifty 10000-600000 .2007, Germany's total population is 8220 people, China is over 1.3 billion. While the German system of administrative litigation is different from a simple scaling can not be, but under normal circumstances, administrative litigation in China each year , at least 100 million. does that indicate? This shows that at least 90 million sets of administrative disputes, not to the courts. of the people can be satisfied with?
court must take the initiative, effectively led to the court for the building diversification of the core dispute resolution mechanism to resolve a large number of civil disputes in the private sector, so that judges are free hands to do big, do important cases, to do intensive case.
Longxian experience, my view is the following several characteristics:
First, the dynamic type of justice. judge to move forward, to move to the dispute, the dispute nipped in the bud. In response, some people have different views. My view is whether we wait until raging fire, the fire again? or just from time to time on Mars, off the in the bud? is in fact so simple.
Second, community-based justice. , together with the community of judges, open up the people and the administration of justice, a civil dispute, not with the strict rules of procedure and law to solve the French words, people can use the forms loved by the general public can understand and solve. Temasek is a five year handling cases you wear robes?
course must see that different levels of courts, the face of the dispute is different from the tasks they face are different, even if the courts at the grassroots level, but also a certain number of judges Cathedral hear a case. This is not contradictory. initiative put forward the proposition of Justice is not required courts at all levels must align with the Long County. should be based on the court level and geographic characteristics of the dynamic in different forms.
two theoretical issues need to be addressed is:
one, Longxian the initiative of justice, only to meet the rural community or non-developed areas? If you do not answer this question, the experience of Longxian meaning that no general promotion. personal opinion, not the rural Longxian unique experience, for the modern urban society, there is still a strong demand. I have quality problems because of a gas stove, a dispute with the manufacturers. I call the property, hoping that they coordinate, manufacturers are tough, there is no way the property. Angrily, I am going to court. I live just a judge had heard my class. He advised me not to litigation, Ren Ren. I said, no, I'm angry. Then he make a phone call to the manufacturers, disputes resolved. this dispute, not in the court filing, legal history never see, but the real solution the problem. Some people say that what the teacher is the use of human relations in the non-local dispute resolution, ordinary people can not know the judge. I said, why not let ordinary people know what the judges in the region, the judges and the people of the region why not mix it ? This is not to facilitate access to it? previous years of reform, so that the judges away from the people. now need to correct. I very much hope to Longxian the a community of a judge, > Of course, not allow the court all the judges and people mix, the court in the in pure trial business judges should and social maintain an appropriate distance. the court should implement transfer trial separation. conciliation with affection, hearings by law. For the mediation is unsuccessful, sentenced according to the law firm to establish the authority of the law. to solve the problem of justice, individuals three basic principles: to be of dispute, the trial Yaogong, implementation must be ruthless!
II Longxian experience is temporary or permanent? I think, mobilize the masses to resolve disputes, is eternal proposition, not an expediency. because he is a more economical and more effective dispute resolution. We look Wenjing Han, Tang Dynasty, during the Rule Statecraft and the other will be found, is to try to resolve civil disputes.
how to judge from the system to ensure that the front? rather than float?
I think, an effective approach is to overhaul the existing recruitment of clerk in the hospital over the court, the judge was promoted to the system a few years later. All the judges in the Court above, you must have a certain number of years of grass-roots trial experience. no primary trial, prosecutors or lawyers experienced in superior court judge shall not act as .
one of my graduate students, after graduating from a primary court in Beijing. He told me that they left the court in the compilation of 200 people engaged in trial work, only fifty people. This phenomenon of overstaffing, and we The role of policy has a lot of cadres. If possible, I hope the state has adopted policies and laws, there is no practical trial experience, without a certain trial period, the shall not be promoted. from the economy, to increase the real income of the judge handling the case. must not be both line judges to sweat, and tears.