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to mediate conflicts and disputes, we should not only adhere to the mediation according to law, but also implement the moral ecation. Moral ecation has the invisible power of abandoning evil and promoting good. In many cases, moral and ethical ecation is easier for the parties to accept the mediation opinions sincerely, which can rece their conflict psychology and take the initiative to fulfill their obligations. This situation is particularly obvious in marriage, family and inheritance disputes, because emotional factors play a decisive role in such disputes
the limitations of law and the universality of civil behavior and moral adjustment determine that we should pay attention to socialist moral ecation when mediating conflicts and disputes. As we all know, the characteristics of civil acts are as follows: what is not prohibited by law can be done by people, and they are all legal acts. Therefore, the scope of civil acts is very wide; We know that the law is just to adjust people's most basic norms of conct, most of the civil acts are not ready-made legal provisions to regulate; We also know that morality not only adjusts people's behavior, but also adjusts people's ideology. Therefore, when mediating conflicts and disputes, we should not only attach importance to mediation according to law, but also attach importance to relying on moral norms, public opinion and human conscience, and use basic moral concepts to persuade, guide, ecate and save< Second, they are good at mobilizing various forces to participate in mediation.
people live in complex interpersonal relationships and are influenced by various forces around them. In many cases, the occurrence and resolution of conflicts and disputes can not be achieved by one person. Therefore, mediators should be good at mobilizing the external factors that affect the dispute and the parties, and obtain the support and help of the parties' relatives, friends and social forces
When mediating disputes, mediators should be good at using relatives and trusted friends who are familiar with the situation of the parties to participate in mediation. Because these people understand the psychological dynamics of the parties, they are generally able to talk and speculate with the parties from the perspective of the interests of the parties, and their opinions are often valued and easily accepted. Especially for the disputes of marriage, family and inheritance, family members, friends and the elderly participate in mediation, timely persuasion and persuasion, which can generally promote mutual understanding, eliminate estrangement and solve disputes. When mediating disputes involving clan groups, more attention should be paid to mobilizing people with great seniority and high reputation to assist
the diversification of subjects, nature and content of social contradictions and disputes determine that mediation of contradictions and disputes is a systematic project, and a "Grand Mediation" work pattern should be established, with the participation of the whole society, mutual cooperation and joint mediation. The common practice in practice is: for major and difficult disputes, we should take the initiative to obtain the support of the parties' units, trade associations and grassroots organizations where the parties live; For some difficult and dangerous disputes, we should take the initiative to contact the Public Security Department of politics and law< Thirdly, we should play the role of people's mediation and administrative mediation well. Here, we are only discussing the people's mediation and administrative mediation of the vast majority of disputes. We need to play the two roles of people's mediation and administrative mediation
People's mediation and administrative mediation have both connections and differences. From the point of contact, first, the purpose of mediation is the same, which is to help the parties to the dispute solve their disputes; Second, the basis of mediation is the same, which is based on the national law; Third, the principle of mediation is the same, which is based on the premise that the parties are completely voluntary; Fourth, the mediation method is the same, which is mainly based on persuasion and ecation, persuading the parties to solve the dispute on their own. The differences are: first, the nature of mediation is different. Administrative mediation is a kind of quasi judicial mediation, and people's mediation is a form of people's exercise of democratic autonomy; Second, the mediators are different. Administrative mediation is presided over by government staff, while people's mediation is presided over by mediators of people's mediation committee; Third, the jurisdiction of mediation is different. Administrative mediation governs specific economic and civil disputes between citizens and legal persons, legal persons and legal persons or other organizations, while people's mediation governs civil disputes involving civil rights and obligations between citizens and citizens, citizens and legal persons and other social organizations; Fourth, the proceres of mediation are different. Administrative mediation must be carried out in strict accordance with legal proceres, while people's mediation has no such provisions; Fifthly, the effectiveness of mediation agreement is different. Some administrative mediation agreements have compulsory effect. If the parties fail to perform the agreement, they can be enforced according to law. Some administrative mediation agreements have neither compulsory force nor "civil contract nature". If one party fails to perform the agreement, the other party can only bring a lawsuit to the people's court for the original dispute; Different from administrative mediation agreement, people's mediation agreement has the nature of civil contract; Sixth, the consequences of non-compliance are different. If one party fails to perform the agreement, the other party may apply to the people's court with jurisdiction for compulsory execution or enforce the agreement by itself according to law. If the administrative mediation agreement does not have the effect of compulsory execution, the parties can only bring a lawsuit to the people's court for the original dispute; If the parties fail to perform the people's mediation agreement, the parties can only bring a confirmation action to the people's court, that is, a lawsuit confirming that the mediation agreement is valid and the parties must perform the terms of the agreement
e to the different nature of people's mediation and administrative mediation, and sometimes the identity of mediators overlaps, for example, the judicial assistant is also the people's mediator of the people's mediation committee of the town. Therefore, when mediating conflicts and disputes, we should be good at playing our own role according to the specific situation, We should find out whether we are people's mediators or government staff. In the people's mediation, mediators are "matchmaker" and "Yuelao", and "peacemaker", which can be done for any action not prohibited by law; In administrative mediation, mediators are law enforcers and "referees". They should strictly implement the provisions of the law. Mediators are not allowed to do anything that is not clearly stipulated in the law. Therefore, in mediation, we should strictly implement the relevant provisions according to the different roles< Fourthly, they are good at transposition thinking, which will make the parties feel that the mediators consider issues comprehensively and deal with affairs fairly, starting from their interests, so as to eliminate the resistance to mediators, listen to the reasonable suggestions of mediators, and facilitate the smooth progress of mediation
at present, the dispute over tombs is a major factor affecting the social stability in rural areas. When mediating this kind of dispute, it can best reflect the thinking of transposition. Most of the parties involved in this kind of dispute have serious feudal superstition. They often contact clan groups to participate in the dispute on the ground that the other party has violated their "dragon neck" and "destroyed Feng Shui". At this time, if mediators only think and deal with problems from the standpoint of state functionaries, mechanically say that feudal superstition is broken and joint ancestor worship is prohibited, such an opening may cause the parties to break up and no one will accept mediation. The right way is that the mediators should first consider the issue from the perspective of the parties, and they can play "family rules" with the parties, talk about customs, and reason. Facing the aggressors, the mediators pointed out to them: on the grounds of feudal superstition, they committed acts such as destroying other people's ancestral graves, or even digging coffins and destroying other people's property, which provoked incidents, triggered mass malignant incidents, and caused harm to society. The people's government has to deal with them in a variety of ways, It is mainly decided by both parties, that is, according to the development and evolution of the dispute. At the beginning of a dispute, as a civil case, the parties are allowed to have autonomy of will, to dispose of their rights and obligations freely, and to reach an agreement through friendly negotiation; Some disputes can not be resolved by agreement, and the case may turn into administrative cases or minor criminal cases. At this time, if the circumstances are obviously minor, the aggressor has a good attitude to admit his mistake, and obtains the understanding of the aggrieved party, the government can not investigate their legal responsibility according to law; However, if the attitude is bad, the circumstances are serious, the harm is great and the influence is bad, and the case turns into a serious administrative case or criminal case, the administrative detention, fine and even criminal responsibility will be borne. In the face of the injured parties, mediators should show sympathy and support for them, uphold justice for them, and guide and ecate them to accept mediation. When putting forward the mediation plan, we should stand in the position of the parties, put ourselves in one's place and think heart to heart, and consider whether the other party accepts it or not. In this way, after repeated and meticulous ideological counseling, mutual understanding and accommodation between the two sides, most of the disputes can be reached agreement< (5) pay attention to the art of language.
When mediating, skillful mediators are good at connecting the great principles with the real life of the parties, and transforming them into small principles close to the real life; In the heart to heart conversation between the mediators and the parties, they are sincere, gentle and full of human feelings. In the process of subtle influence, the parties are ecated, accept the opinions of the mediators, and it is natural that the contradictions and disputes are resolved. On the contrary, some mediators are simple, rude, empty and boring. The more the parties listen, the more disgusted they are. Some mediators even hurt the parties and are besieged by them. Paying attention to the art of language is the key to the mediation of contradictions and disputes
there are many ways to pay attention to language art. Praise and encouragement are often used by mediators. By praising and encouraging the parties, the parties will feel that the mediator understands themselves, rece the sense of estrangement, shorten the distance between the mediator and the parties, and listen to the mediator's words, so as to lay a good foundation for the success of mediation. When criticizing the parties, we should use indirect, euphemistic and implicit methods to achieve "point to stop", that is, to find out the wrong behaviors and wrong ideas of the parties in the mediation process, find the right time and put forward them in the right place, so as to correct the mistakes of the parties, protect the self-esteem of the parties, eliminate their confrontational psychology, and effectively avoid entanglement and confusion The disadvantages of hurting feelings and delaying work. Humorous language often plays an unexpected role in resolving conflicts and disputes. There has been such an example: a foreign celebrity's wife is a shrew, who often pours on celebrities in public. Once, celebrity and friends get together, shrew makes a lot of noise, still don't get rid of hatred, pick up a basin of water on celebrity body. Celebrity is very humorous, he said: "I know, after the thunder will rain." After listening, everyone couldn't help laughing.
at the present stage, the route between Longchuan Road station and Taiyang station has changed. The original commercial university station, Dingxiang Avenue station and Harbin Grand Theater station have been cancelled, and the world trade Avenue station and ice snow world station have been added. The number of stations in the whole line has been adjusted from 21 to 20. At present, supplementary publicity is made for its environmental impact From April 4, 2014 to April 18, 2014)
1. In the face of family conflicts, regardless of men, women keep awake and control their emotions is the key. Don't worry too much about mistakes. A caring person will have a very unhappy marriage unless he is expected to be very generous.
2. There is a certain relationship between mediating family conflicts and wealth. The important thing is how to run family love. Many family conflicts lead to divorce, and it is not money that can resolve the conflicts. The important thing is how to understand right and wrong, control the environment, and solve the balance between the two families
Of course, personality determines the quality of your family life, not everything you do right can resolve family conflicts. Sometimes it's best to let yourself calm down to grasp the opportunity, to understand each other, or to admit mistakes
4. The huge difference in family is also a thing that worries me. Remember the problems that can be solved with money and try to solve them with money. Everything goes well with home, and you can earn money when you go. There are many successful people at the age of 60 and 70, as long as they have a determination never to give up
In case of family conflict, it is better not to let parents or relatives of both families participate. It is true that what the old man said is reasonable, but it will leave traces. In the future, a little wind and grass will make people come out to talk about things. This is even worse for mediation
6. Husband and wife trust each other, encourage each other, and have something in common in life. If you give your best to each other, both sides will live in the same place as much as possible, and there will be many contradictions in the separation of different places
arbitration institutions should try out the system of sending mediation proposals to the parties for cases without mediation before filing, so as to guide the parties to resolve disputes through mediation; It is necessary to strengthen the mediation work in the process of arbitration and improve the settlement rate of mediation< According to the characteristics of personnel disputes, personnel administrative departments should, together with relevant departments, strengthen the guidance of employment policies and personnel management of institutions, social organizations and other units, strengthen dispute mediation, and prevent and rece disputes from the source
a multi-channel and open labor and personnel dispute mediation network including enterprise and instry mediation, grassroots mediation, regional mediation and personnel dispute mediation has been graally formed throughout the country, striving to resolve about 50% of simple and small disputes in enterprises, towns, streets and communities through mediation< Third, to further improve the work of dispute arbitration
local arbitration institutions should conscientiously implement the "rules for handling labor and personnel disputes arbitration cases", focus on improving the quality of case hearing and processing efficiency, increase the intensity of handling arbitration cases, and strive to close most cases in time
at present, it is necessary to overcome the difficulty of more cases and fewer people, handle cases in time and well. In addition to the fact that there are too many cases to be heard on time, we should close the case in strict accordance with the trial time limit stipulated by the law, and put an end to the deliberate delay in the trial of the case. It is necessary to give full play to the role of final arbitration in dealing with cases quickly and fairly. It is necessary to form a court according to law, and form a collegial panel to hear disputes over the performance of collective contracts and other complex cases. For major and collective labor dispute cases, priority should be given to filing, trial and quick settlement
the labor dispute mediation and arbitration law is uniformly applied to personnel dispute arbitration in case handling proceres, and the existing provisions on personnel dispute settlement continue to be implemented in terms of dispute acceptance scope, jurisdiction, composition of Arbitration Commission, etc. Under the current legal framework and institutional structure, it is particularly necessary to do a good job in the connection and cooperation between labor dispute arbitration and personnel dispute arbitration, and implement the right of parties to apply for arbitration according to law
it is necessary to do a good job in the connection and cooperation with the people's court, focusing on the connection between the final cases of arbitration and the cases that have not been adjudicated within the time limit of arbitration and the court filing link, so as to ensure the smooth channel of judicial relief for the parties< Fourthly, accelerate the substantive construction of arbitration institutions
all localities should speed up the substantive construction of arbitration institutions on the basis of summing up the practical experience in recent years. On the basis of stabilizing the existing institutions, and in accordance with the principles of overall planning, reasonable layout and meeting the actual needs stipulated by law, we should strive to establish, within three years, a substantive arbitration case handling institution with financial guarantee and public affairs management ability, mainly in the form of arbitration court, in cities above prefecture level and in counties (cities and districts) with more dispute cases. It is necessary to actively carry out the standardization of arbitration institutions, especially the construction of standard courts, and strive to form a new arbitration pattern in which cities drive districts and counties and radiate towns and streets, with sound institutions, personnel in place, complete venues, smooth information flow and standardized order
the Arbitration Commission should strengthen its own construction, improve the regular meeting system, strengthen the management and supervision of the handling of arbitration cases, and do a good job in the organization and hearing of major and collective dispute cases. The provincial arbitration institutions should strengthen the guidance of handling arbitration cases in their own regions and strengthen the handling of cross regional and major collective dispute cases
to stabilize and fully realize the team of full-time arbitrators, strengthen professional training, and constantly improve the level and ability of handling cases. The qualified personnel shall be selected into the team of arbitrators in strict accordance with laws and regulations. It is necessary to enrich the strength of handling cases, increase the number of full-time arbitrators, select and employ part-time arbitrators through various channels, and actively play the role of part-time arbitrators in handling cases< Fifth, strengthen the basic security work of mediation and arbitration
the administrative departments of personnel and labor security in various localities should pay close attention to the basic security work in view of the problems existing in many local mediation and arbitration institutions, such as weak working foundation, poor case handling conditions, lagging information construction, and difficulty in implementing financial support
according to the law, the arbitration funds should be guaranteed by the finance of the same level and included in the budget of the same level. All localities should comprehensively consider and plan the working expenses, case handling expenses, necessary capital construction expenses, document delivery, announcement, appraisal and other special expenses of arbitration institutions, so as to ensure the normal development of arbitration work
we should vigorously promote the information construction of mediation and arbitration work in combination with the "financial insurance project". Arbitration case handling institutions should graally realize the information sharing of case handling process and results, and play the role of information exchange and case handling supervision
all localities should establish and improve the statistics and analysis system of labor and personnel dispute cases and the case information notification system. It is necessary to appoint a special person to be responsible for the statistical work of cases, and report the statistical statements and case analysis to the Ministry on time. Major and influential cases, especially collective dispute cases, should be reported to the personnel and labor security administrative departments at higher levels in a timely manner< Sixth, strengthen the organization and leadership of the mediation and arbitration work.
all localities should strengthen the organization and leadership, seize the favorable opportunity of implementing the labor contract law and the labor dispute mediation and arbitration law, formulate supporting regulations and policies in time, improve various work systems, and ensure the effective implementation of the law. The administrative departments of personnel and labor security at the provincial level should earnestly perform their ties entrusted by the law, strengthen the guidance of mediation and arbitration, timely and effectively solve the problems existing in system construction and team development, so as to create favorable conditions for further improving the efficiency of handling labor and personnel disputes
coordination and cooperation with all relevant parties should be strengthened. We should strengthen the connection with the people's courts and judicial departments in handling cases, strengthen the cooperation with the Party committee organization departments, trade unions, enterprise organizations and other relevant departments, strengthen the cooperation with relevant departments within the personnel and labor security administrative departments, actively innovate the working mechanism for preventing and mediating labor and personnel disputes, form a joint force, forge ahead, face difficulties, and create a new situation in mediation and arbitration.
to mediate conflicts and disputes, we should not only adhere to the principle of mediation according to law, but also implement the principle of moral ecation. Moral ecation has the invisible power of abandoning evil and promoting good. In many cases, moral and ethical ecation is easier for the parties to accept the mediation opinions sincerely, which can rece their conflict psychology and take the initiative to fulfill their obligations. This situation is particularly obvious in marriage, family and inheritance disputes, because emotional factors play a decisive role in such disputes
the limitations of law and the universality of civil behavior and moral adjustment determine that we should pay attention to socialist moral ecation when mediating conflicts and disputes. As we all know, the characteristics of civil acts are as follows: what is not prohibited by law can be done by people, and they are all legal acts. Therefore, the scope of civil acts is very wide; We know that the law is just to adjust people's most basic norms of conct, most of the civil acts are not ready-made legal provisions to regulate; We also know that morality not only adjusts people's behavior, but also adjusts people's ideology. Therefore, when mediating conflicts and disputes, we should not only attach importance to mediation according to law, but also attach importance to relying on moral norms, public opinion and human conscience, and use basic moral concepts to persuade, guide, ecate and save< Second, they are good at mobilizing various forces to participate in mediation.
people live in complex interpersonal relationships and are influenced by various forces around them. In many cases, the occurrence and resolution of conflicts and disputes can not be achieved by one person. Therefore, mediators should be good at mobilizing the external factors that affect the dispute and the parties, and obtain the support and help of the parties' relatives, friends and social forces
When mediating disputes, mediators should be good at using relatives and trusted friends who are familiar with the situation of the parties to participate in mediation. Because these people understand the psychological dynamics of the parties, they are generally able to talk and speculate with the parties from the perspective of the interests of the parties, and their opinions are often valued and easily accepted. Especially for the disputes of marriage, family and inheritance, family members, friends and the elderly participate in mediation, timely persuasion and persuasion, which can generally promote mutual understanding, eliminate estrangement and solve disputes. When mediating disputes involving clan groups, more attention should be paid to mobilizing people with great seniority and high reputation to assist< Third, play the role of people's mediation and administrative mediation well
mediation in China mainly includes Court (judicial) mediation, arbitration mediation, lawyer (legal worker) mediation, administrative mediation, people's mediation and so on. Here, we are only discussing the people's mediation and administrative mediation of the vast majority of disputes. We need to play the two roles of people's mediation and administrative mediation< Fourthly, they should be good at transposition thinking.
the application of transposition thinking will make the parties feel that the mediators consider the issues comprehensively and deal with the affairs fairly, starting from their interests, so as to eliminate the resistance to the mediators, listen to the reasonable suggestions of the mediators, and facilitate the smooth progress of mediation.
Shuangliu is closest to Cheng
route: the whole journey is about 19.7km
starting point: Shuangliu County
ending point: Cheng Tianfu Square
bus line: No.818 → Metro Line 4 → w17, the whole journey is about 19.4km
1. Walk about 510m from Shuangliu district to Shuangliu hospital station
2. Take No.818, pass 23 stops to Guanghua Avenue jiang'anhe station
3. Walk about 730m to Fenghuang Avenue Station
4. Take Metro Line 4, pass 3 stops to Nanxun Avenue Station
5 Walk about 280 meters to Nanxun Avenue Station
6, take w17 bus, pass 3 stops, and reach Wenjiang passenger transport center station
