"General vs. General," Diversified Dispute Resolution, "Friendly Circle," Continuously Expanding Joint Forces, "Pulse Diagnosis," Improving the Level of Complaint Source Governance-瞭望新时代网

"General vs. General," Diversified Dispute Resolution, "Friendly Circle," Continuously Expanding Joint Forces, "Pulse Diagnosis," Improving the Level of Complaint Source Governance

2024-06-13

Mediation is a non litigation dispute resolution method with Chinese characteristics that resolves conflicts, eliminates disputes, and promotes harmony. It is known as the "Eastern Experience" and "Eastern Flower". The Supreme People's Court actively promoted the construction of a "head to head" diversified dispute resolution mechanism (hereinafter referred to as the "head to head" mechanism) at the end of 2019- to collaborate with relevant central units to resolve industry and professional conflicts and disputes in this field and system. Afterwards, the "total to total" cooperation and "circle of friends" continued to expand. Recently, the "total to total" mechanism has been renewed. The Supreme People's Court and the Central Propaganda Department jointly issued the Notice on Establishing an Online Litigation and Mediation Mechanism for Copyright Disputes, jointly establishing and improving the governance of copyright dispute sources and diversified resolution mechanisms. As of now, the number of central units cooperating with the Supreme People's Court has increased from 3 in 2020 to 15. The Supreme People's Court, together with various units, has put mediation at the forefront to "diagnose and diagnose" disputes in various fields, resolving conflicts before and at the source of litigation, and transforming dispute mediation work from "resolved" to "well resolved". How is the progress of building a "total to total" mechanism to effectively play its role? The Legal Daily reporter learned from the Supreme People's Court that the professional industry mediation scope of "general to general" has covered labor disputes, marriage and family, private lending, road transportation, financial consumption, banking and insurance, securities and futures, housing construction, intellectual property, price disputes and other fields. According to data released by the Supreme People's Court, from 2020 to the end of March 2024, the number of mediation organizations and mediators coordinated by the people's courts increased from 566 and 2350 to 33749 and 76862, respectively, an increase of 59.63 times and 32.71 times. The number of pre litigation mediation cases and mediation cases accepted by cooperating units increased from 4324 and 2776 in 2020 to 1.901 million and 1.488 million in 2023. The number of successful pre litigation mediation cases increased by 535.02%, and the success rate of mediation cases increased to 81.77%. In order to strengthen the construction of dispute resolution teams, the Supreme Court has launched "customized" guidance services, conducted 31 live training sessions, and trained 604000 mediators. "The 'total to total' mechanism has advantages such as simple procedures, cost savings, and reduced confrontation." "The effective implementation of the 'total to total' mechanism is of great significance in maintaining harmonious labor relations and social stability." At the beginning of this year, the Supreme People's Court held talks with 15 central units that cooperate with the "General to General" cooperation, and the "General to General" cooperation departments gave many affirmations. The "total to total" mechanism has been continuously optimized and upgraded, achieving a shift in the docking mode from decentralization to intensification. The main body of mediation has shifted from people's mediation participation to industry professional mediation forces participating in parallel. The mediation pattern has shifted from segmented to integrated dispute resolution, and the work approach has shifted from diversified to multi governance. Why has the "total to total" mechanism of complementary advantages of various types of mediation received so many affirmations? The successful resolution of a labor dispute case demonstrates the good role played by the "head to head" mechanism in judicial practice. In early June 2023, 70 employees of a performing arts department in Longzhou County, Guangxi Zhuang Autonomous Region, went to the Longzhou County Labor Dispute Diversification Mediation Center jointly established by the Longzhou County People's Court, the County Federation of Trade Unions, and the County Human Resources and Social Security Bureau to request assistance in resolving the issue of unpaid wages. Employees reported that they were owed more than 370000 yuan in wages by the entertainment hall, all of which were delayed in payment for various reasons. In order to resolve disputes as soon as possible, the Longzhou County Labor Dispute Diversification Mediation Center followed the "Court+Trade Union+Human Resources and Social Security+N" litigation mediation docking mechanism, entered the case into the People's Court Mediation Platform, and contacted the Longzhou County Court, County Federation of Trade Unions, and County Human Resources and Social Security Bureau for joint mediation. After a thorough analysis of the case by the mediation team, it was found that the performance hall was closed from early 2020 to the end of 2022 due to poor management, during which some employees were owed wages. At the end of 2022, after new shareholders invested and invested, the entertainment hall reopened with booming business. However, the failure to reach an agreement on dividend issues between new and old shareholders has led to the closure of the entertainment hall once again, and the issue of unpaid employee salaries has remained unresolved. After identifying the issue with the case, press the "fast forward" button to resolve the labor dispute. The Longzhou County Court actively collaborated with the County Federation of Trade Unions and the County Human Resources and Social Security Bureau to contact the shareholders and representatives of some employees of the performing arts hall to mediate at the County Labor Dispute Diversification Mediation Center. After hearing the introduction of the shareholders, the mediator, under the guidance of the judge, explained the relevant legal provisions to all shareholders, informed them of the possible legal consequences of refusing to pay the employees' wages and breaking their promises. With the joint efforts of the three departments, the three shareholders promised to bear the responsibility of paying off overdue wages in proportion to their respective contributions, and reached a mediation agreement with the employees. In July 2023, under the joint organization of Longzhou County Court, County Federation of Trade Unions, and County Human Resources and Social Security Bureau, the Performing Arts Hall paid partial wages of over 160000 yuan to 70 employees, and the remaining funds were fully paid by the end of September of that year. In this case, the "head to head" mechanism fully played its role, with multiple departments jointly mediating to resolve conflicts and disputes before litigation, shortening the time and cost of labor rights protection, saving judicial resources, and also helping to optimize the local business environment, resulting in good results. The "total to total" mechanism has played an important role in doing a good job in people's mediation, implementing administrative mediation, strengthening judicial mediation, and optimizing professional mediation in the industry, promoting the formation of a work pattern with complementary advantages, organic connections, and coordinated linkage of various types of mediation. In April of this year, the State Council Information Office held a press conference to introduce the relevant situation of China's construction of a strong intellectual property country in 2023. Data shows that from 2018 to 2023, people's courts at all levels in China received 2.5767 million new first instance cases of intellectual property, including 1.7225 million copyright cases, accounting for approximately 66.8% of intellectual property cases. How to provide a more convenient and efficient intellectual property protection system for the public and market entities to resolve disputes, and promote high-quality economic and social development? In 2020, the Supreme Law and the China National Intellectual Property Administration will establish a "total to total" mechanism. As of now, 31 provinces (regions, cities) and Xinjiang Production and Construction Corps in China have achieved full coverage of intellectual property mediation organizations. By the end of April this year, 648 intellectual property dispute mediation organizations and 5095 mediators have settled on the People's Court Mediation Platform, with a success rate of nearly 80% in case mediation pushed by the platform. The Supreme People's Court and the Central Propaganda Department jointly establish and improve the governance of copyright dispute sources and diversified resolution mechanisms, and have also planned a new "route" for copyright dispute resolution. The Supreme People's Court relies on the mediation platform of the People's Court, and the Copyright Management Bureau of the Central Propaganda Department guides copyright management departments at all levels, relevant industry organizations, mediation institutions, and mediators to gradually smooth out online and offline mediation and litigation docking channels through the establishment of institutions and personnel, providing parties with full process online dispute resolution services such as delegated mediation, audio and video mediation, mediation agreement production, and litigation coordination. Copyright management departments in Beijing, Anhui, Guangdong, Hunan and other regions have cooperated with local people's courts to explore the establishment of regional copyright dispute litigation and coordination mechanisms. The Beijing Municipal Copyright Management Department and the Beijing Internet Court jointly established the "litigation non cloud connection mechanism", and the Foshan Copyright Management Department in Guangdong cooperated with the People's Court to establish a "one door" reconciliation mechanism for copyright disputes. The copyright department of Nantong, Jiangsu Province, has established a Home Textile Industry Copyright Dispute Mediation Committee in combination with the characteristics of the textile industry development highland. In cooperation with local courts, the committee has opened up a "green channel" for copyright dispute mediation for home textile enterprises and merchants in the printed fabric market through information platforms such as the "People's Court Mediation Platform · Jiangsu Micro Dispute Resolution" and the judicial system "Su Dispute Resolution". In 2023, more than 3200 copyright disputes in the textile characteristic field were mediated, and more than 200 million yuan of losses were recovered for rights holders. Under the "total to total" mechanism, the copyright management department fully plays a guiding and coordinating role, the people's court fully plays a guiding and safeguarding role, and the professional mediation role of relevant organizations, strengthens the awareness of the masses and market entities to resolve copyright disputes through mediation, protects the legitimate rights and interests of relevant rights holders in accordance with the law, and creates a good business environment. (Lai Xin She)

Edit：Wangchen Responsible editor：Chenjie

Source：http://www.legaldaily.com.cn

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