In the department dealing with disputes, we will inevitably have conflicts and disputes with others in our daily life. When a dispute arises, people's mediation will generally be sought first. If we are unwilling to accept mediation, no one else can force us. Let's look at the department dealing with disputes.
Department handling the dispute 1 Which department should the dispute be resolved?
General civil disputes can be submitted to the court. The people's courts accept civil actions brought by citizens, legal persons, other organizations and each other for property relations and personal relations.
A civil action brought against a citizen shall be under the jurisdiction of the people's court of the defendant's domicile; If the defendant's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of habitual residence.
Article 3 of the Civil Procedure Law of People's Republic of China (PRC)
Article 21 of the Civil Procedure Law of People's Republic of China (PRC)
What are the aspects of people's mediation?
Principle of equality and voluntariness. People's mediation must be carried out on the basis of equality and voluntariness of the parties, and no coercion is allowed. The requirements of this principle,
1. The acceptance of disputes must be based on the voluntariness of the parties. If the parties are unwilling to accept mediation, or are unwilling to accept mediation by organizations or individuals, or one party is unwilling to accept mediation, it cannot be forced;
2. In the process of mediation, the parties must be patiently and meticulously persuaded, enlightened and persuaded, and discrimination, coercion, partiality and repression are not allowed;
3. If an agreement is reached through mediation, its boundaries, responsibilities, rights and obligations must be voluntarily accepted by the parties concerned and may not be imposed on others.
The principle of legality and reasonableness. The people's mediation committee must mediate civil disputes in accordance with laws, regulations, rules and policies. If there are no explicit provisions in laws, regulations, rules and policies, they shall be implemented in accordance with socialist ethics.
This principle requires that, first, people's mediation activities must be legal, and its mediation scope, procedures and working methods must comply with the provisions of relevant laws, regulations and rules, and mediation behavior should be standardized, fair and reasonable;
Second, the main way of people's internal mediation is to persuade and educate the parties with national laws, policies of the party and the government and socialist morality, so that the parties can distinguish right from wrong and distinguish their responsibilities according to laws, policies and morality; Third, the results of dispute mediation and the determination of the rights and obligations of the parties shall not violate the requirements of laws, policies and ethics, and shall not replace laws with local "local policies", nor shall they violate the provisions of laws and seek unprincipled settlement of disputes when laws and rationality conflict.
The principle of not restricting the litigation rights of the parties. After the occurrence of a civil dispute, the parties have the right to bring a lawsuit to the people's court, and their litigation rights are not limited by the failure to mediate. In the process of mediation of civil disputes, the parties may interrupt mediation at any time for any reason and bring a lawsuit to the people's court. If a dispute is reached through mediation, the parties still have the right to bring a lawsuit and request the people's court to make a ruling on the dispute and its agreement.
Department 2 dealing with disputes has three common types of disputes:
1. Civil disputes refer to disputes involving personal relations or property relations between equal subjects. Including disputes caused by civil acts such as marriage and family, neighborhood relations, real estate, personal injury, contracts and loans;
2 administrative disputes refer to administrative disputes and disputes between administrative organs at all levels and citizens, legal persons or other organizations in the course of performing their duties. Including disputes and disputes caused by administrative actions such as land, mountains, water conservancy, resource ownership, medical and health care, public security management and urban management;
3. Disputes involving law and litigation refer to contradictions and disputes caused by the parties' dissatisfaction with the way in which criminal law enforcement, administrative law enforcement and other power departments handle cases or problems. Judgments or rulings involving criminal, civil and administrative litigation are some historical issues and some practical problems, mainly because the parties are dissatisfied with the legal judgments or administrative rulings that have taken effect.
What are the types of civil disputes?
1. Civil disputes are all kinds of disputes between citizens, legal persons and other organizations as equal civil subjects on personal, property relations and other legal relations within the scope of civil law adjustment.
2. Civil disputes are divided into two parts: one is about property relations, the other is about personal relations.
3. Civil disputes include: creditor's rights and debts disputes, house property rights disputes, contract disputes, damages disputes, divorce disputes, copyright disputes, etc.
Who will bear the expenses of civil litigation lawyers?
1. The litigation costs shall be borne by the losing party;
(1) The litigation costs shall be borne by the losing party, except those voluntarily borne by the winning party.
(2) If the case is partially won or partially lost, the court shall decide the amount of litigation costs borne by the parties according to the specific circumstances of the case.
(3) If * * * loses the case with the litigant, the court will decide the amount of litigation expenses according to the interest relationship between the litigant and the litigation object.
2, other circumstances of the burden of litigation costs:
Measures for payment of litigation costs Article 30 If the people's court of second instance changes the judgment or ruling of the people's court of first instance, it shall change the decision of the people's court of first instance on the burden of litigation costs accordingly.
"Measures for Payment of Litigation Costs" Article 31 In a case where an agreement is reached through mediation by the people's court, the burden of litigation costs shall be settled by both parties through consultation; If negotiation fails, the people's court shall make a judgment.
Departments dealing with disputes 3 kinds of civil disputes
According to different standards, the types of civil disputes can be divided into the following categories.
1, based on the subject of the dispute, can be divided into the following three categories.
(1) Disputes between citizens. Such as marriage, property disputes, sales disputes and debt disputes between individual citizens.
(2) Disputes between citizens and groups. Such as disputes between individual citizens and a certain group due to economic contracts, copyrights, debts, etc.
(3) Disputes between groups. Such as debts, contracts and trademark disputes between different enterprises.
2, according to the content of the dispute, can be divided into the following four categories.
(1) Marriage and family disputes. Such as marital emotional disputes within the family, custody and maintenance disputes, property and adoption disputes.
(2) Neighborhood interpersonal disputes. Disputes between neighbors caused by verbal communication, conflicts of interest or trivial matters of life. Such as gossip, public health, homestead and other quarrels and fights.
(3) Disputes in public life. For example, in entertainment, tourism, shopping and other public places, disputes caused by uncivilized behavior and speech.
(4) Disputes in economic relations. Such as economic disputes between citizens, between citizens and groups, between groups due to lending, leasing, buying and selling, etc.
3. According to the manifestations of disputes, they can be divided into the following three categories.
(1) Cognitive conflict. Psychological conflicts between parties due to different understandings of certain rights and obligations. For example, in economic disputes, the dispute over rights and obligations is often a conflict of understanding.
(2) Emotional conflict. The differences between the two sides led to emotional opposition. For example, the contradiction between husband and wife leads to emotional conflict, and finally leads to marriage disputes.
(3) there will be conflicts. Because of the conflict of understanding and emotion, the parties will inevitably lead to the conflict of will, and even the behavior of attacking each other.