1, self-help
Self-help, including self-determination and reconciliation. It means that the subject of the dispute relies on its own strength to solve the dispute, so as to achieve the purpose of safeguarding its own rights and interests. Self-determination means that one party to a dispute relies on its own strength to make the other party obey. Reconciliation refers to mutual compromise and concession. The similarity between the two is that they all rely on their own strength to solve disputes, without the participation of a third party and without any normative constraints.
2. Social relief
Social relief, including mediation (mediation outside litigation) and arbitration. He refers to a mechanism that relies on social forces to handle civil disputes.
Mediation means that a third party (mediation agency or mediator) comes between the two parties to the dispute to mediate and talk, and persuades the two parties to the conflict with certain legal norms and moral norms to urge them to reach an agreement on the basis of mutual understanding and mutual accommodation. Mediation agreement is not legally binding, but it is effective in the sense of contract.
Arbitration is an arbitration institution selected by both parties to hear disputes and make an award. Arbitration is different from mediation, and the arbitration award is legally binding on both parties. However, arbitration, like mediation, is based on the wishes of both parties. Arbitration can only begin if both parties to the dispute reach an arbitration agreement and agree to submit the dispute to arbitration.
3. Public relief
Public relief, including litigation and administrative adjudication. Civil litigation refers to the court's activities to solve civil disputes through trial, judgment and execution with the participation of the parties and other litigation participants, and the sum of various litigation relationships arising from these activities. In the dynamic state, civil litigation is manifested as various litigation activities carried out by the court, the parties and other litigation participants, and in the static state, it is manifested as litigation relations arising from litigation activities.
Administrative adjudication refers to a specific administrative act in which an administrative organ or an organization authorized by law examines civil disputes that are closely related to administrative activities and have nothing to do with contracts, and makes a ruling.
The subject of administrative adjudication is legal. Only when the administrative organ is authorized by law can it review and decide the civil dispute cases within the scope of authorization. Without legal authorization, administrative organs cannot decide and adjudicate some civil disputes on their own.
Extended data
In the event of a civil dispute, the parties may settle it by themselves, or request the people's mediation committee, relevant units and relevant administrative departments to mediate, or apply to an arbitration institution for arbitration according to law, or bring a civil lawsuit to the people's court.
Pre-litigation settlement refers to the settlement of disputes between the two parties through negotiation before litigation. This is a civil legal act, and it is the performance of the parties to dispose of their civil substantive rights according to law (see the principle of disposition). After the settlement is established, the disputed rights of the parties are determined and the abandoned rights disappear immediately.
Once the settlement is established, both parties shall not go back on their word and ask for dissolution at will. However, the documents on which the settlement was based were later found to be forged or tampered with; The settlement event has been decided by the court, and the parties were unaware of it at the time of settlement; If the parties reach an agreement on an important dispute with major misunderstanding, all parties may request to cancel the settlement.
People's mediation, generally in the residents' committees, villagers' committees and enterprises, institutions or the judicial administrative departments of streets, towns and villages to set up people's mediation committees, follow the following principles:
① Mediation must strictly abide by national laws and policies.
(2) Mediation must be conducted on the premise of voluntariness and equality.
③ Mediation must be conducted on the basis of finding out the facts and distinguishing right from wrong.
(4) A party shall not be prevented from bringing a suit in a people's court because mediation has not been conducted or mediation has failed. The agreement reached through mediation has no legal effect.
Administrative mediation, like people's mediation, belongs to non-litigation mediation, and the agreement reached is not legally binding, but it is binding on the parties.
Because administrative mediation, like people's mediation, is a voluntary mediation activity, according to the existing law, the parties should consciously fulfill the agreement reached. Therefore, it can be said that the agreement reached by administrative mediation should still be as binding on the parties as the agreement reached by people's mediation. Administrative mediation mainly refers to the following categories:
(a) the grassroots people's government mediation. Mediation of civil disputes and minor criminal cases is mainly conducted by judicial assistants of township people's governments and sub-district offices.
(two) the mediation of the state contract management authority. Mainly the State Administration for Industry and Commerce and local administrations for industry and commerce at all levels. Economic disputes between legal persons, individual industrial and commercial households, citizens and legal persons may apply to the administrative department for industry and commerce for mediation.
(3) Mediation by public security organs. The public security organ may mediate acts that violate the administration of public security, such as fighting caused by civil disputes and damaging other people's property, if the circumstances are minor. In the process of handling traffic accidents, public security organs may organize the parties and relevant personnel to mediate the damage.
(4) Mediation by the marriage registration authority. China's Marriage Law stipulates that if a man or a woman files for divorce, the relevant departments can mediate or directly file a divorce lawsuit with the people's court.
Baidu encyclopedia-civil disputes
People's Court of Beichen District, Tianjin-Several Non-litigation Solutions to Civil Disputes