What coordination mechanism should be established to coordinate and solve property service disputes in time?

First, improve the "three-tone linkage" mechanism to ensure the resolution of contradictions and disputes. The "three-adjustment linkage" mechanism for resolving contradictions and disputes at the grassroots level has been running for many years, which has played a certain role in maintaining social stability and promoting economic construction. At present, the operation and function of the "three-mediation linkage" diversified dispute resolution mechanism is still not optimistic, and the situation that each mediation subject fights alone has not changed, and the situation that the three mediation methods are coordinated and "seamlessly connected" has not yet formed. I. Overview of civil disputes in recent years (1) From the perspective of types of disputes, traditional disputes in rural areas still occupy the main position. New types of contradictions and disputes in rural areas are gradually increasing, such as homestead disputes, land-enterprise disputes, contract disputes, labor disputes, and labor disputes. (2) From the subject of disputes, disputes among individuals, enterprises and village collective organizations are on the rise. (3) Judging from the motives of disputes, except for disputes over interests, most disputes are mixed with emotional factors. Second, the operation status of the "three-tone linkage" contradiction dispute resolution mechanism At present, courts, judicial offices, public security police stations and villagers' mediation organizations occupy a dominant position in dispute resolution. (A) court litigation mediation-the main channel for solving civil disputes. (B) People's mediation-the main force of non-litigation dispute resolution mechanism. (3) Administrative mediation-the conventional mechanism of social security contradiction mediation. Third, the main problems existing in the "three-tone linkage" contradiction and dispute resolution mechanism The current "three-tone linkage" contradiction and dispute resolution mechanism is inefficient, and the concept of relying too much on litigation to resolve disputes is difficult to change for a while. In particular, the diversified dispute mediation mechanism of "three-tone linkage" has not yet formed a joint force, and various departments lack sufficient cooperation and contact to fully respond to the needs of society and the masses in a timely and effective manner. (1) The pressure on the court to accept cases has increased, and the function of non-litigation dispute resolution has weakened. Based on the core position of litigation trial in social public relief, a large number of cases have flooded into the courts in recent years, and the pressure of court trial has gradually increased with the limited number of judges. In contrast, due to the unbalanced cultivation and development of people's mediation organizations, the low quality of staff, the arbitrariness of mediation norms and procedures, the lack of necessary execution of mediation agreements, the lack of social credibility, and the lack of trust of the parties, the overall number of dispute resolution has stagnated and failed to give full play to the substitute and supplementary role of litigation dispute resolution. (2) The disadvantages of litigation itself limit its leading role in the dispute settlement system. The performance is as follows: First, the high cost, long period and rigidity of litigation dispute resolution have caused the obstruction and blockage of litigation channels to some extent. Second, the form of litigation mediation is single, which reduces the flexibility and effect of mediation. In practice, in some cases, the mode of unanimous mediation is applied mechanically, focusing on the stage from the appearance of the parties in court, the announcement of the court hearing by the judge to the pre-judgment stage, which fails to be flexibly applied to all links of the litigation process or placed in the pre-litigation and trial stages according to the specific circumstances of the case, and it is difficult to greatly improve the success rate of mediation. (3) The dispute settlement mechanism of "three-mediation linkage" has not been fully established, and needs to be further institutionalized and standardized. The "three-adjustment linkage" mechanism of people's mediation, administrative mediation and judicial mediation has been running for many years, but it has not been standardized and played a role. First of all, there is a lack of specific operating procedures for joint dispute resolution. Second, people's mediation, administrative mediation and court proceedings failed to link up effectively. Third, some cadres lack understanding and enthusiasm for work, and there is no reasonable restriction method to urge them to actively coordinate and mediate disputes with other departments. Finally, there is a lack of sufficient funds to carry out diversified dispute mediation. In addition to the support of special funds, the operation of the linkage plan has no economic incentive mechanism for the staff themselves, and more work and less income. Four. Suggestions and measures to improve and perfect the "three-mediation linkage" contradiction and dispute resolution mechanism (1) Correctly grasp and consolidate the position of the court in leading diversified dispute resolution mechanism 1, and establish and improve relevant reward and punishment mechanisms. Revising and improving the current quantitative responsibility system for court post objectives will take guiding people's mediation organizations to carry out their work, coordinating other relevant departments to mediate disputes, and confirming the implementation of poll agreements as the clear responsibilities of judges, and implement quantitative assessment, which will be linked to judges' rewards and punishments. Through the system design, we will actively guide the people's courts to integrate into the diversified dispute resolution mechanism to achieve overall linkage and complementary functions. 2. Take measures to improve the ability of litigation to solve disputes. First, try to establish a quick adjudication mechanism for civil summary cases. For cases with complete evidence, clear facts, no need for court verification, single request, clear relationship between rights and obligations, convenient contact between the parties and small conflict of interests between the two parties, the trial period generally cannot exceed 15 days, and the case is generally closed in one session. Matching with it, all kinds of civil case templates are made for reference, which simplifies the making of judgment documents, realizes the diversion of complex judgment documents, and makes the cases be handled in time and quickly. Second, strengthen litigation mediation to improve trial efficiency and quality: (1) keep pace with the times, expand the depth and breadth of mediation, study and summarize mediation methods suitable for individual cases, and cultivate fine and flexible mediation skills; (2) Change the mediation stage, implement mediation before filing a case, mediation before opening a court session after filing a case, and centralized mediation during opening a court session, and guide the parties to re-examine their respective rights and obligations before the final judgment, so as to urge the parties to reach a mediation agreement, so as to truly make mediation run through the whole trial process and fully realize the special value of mediation. 3. Strengthen the effective support of litigation to non-litigation (mainly people's mediation). First, improve and guide people's mediation. A steering group for people's mediation work can be set up, adhering to the business guiding principle of "no vacancy, no offside and no vacancy", and conducting business training through regular counterpart contact, special guidance for difficult cases, joint lectures and case discussions organized by judicial administrative organs, and on-site trial of circuit trials. The second is to establish a mediation agreement review system. The court shall, jointly with the judicial administrative department, guide and urge mediation organizations at all levels to establish account books. All cases that have gone through mediation procedures need to be completed, the materials should be standardized, and they should be rolled up and filed after being closed for inspection. For the people's mediation agreement, the court and the judicial bureau send special personnel to review it regularly, point out the shortcomings in time, and help the people's mediation organizations to continuously improve the standardization level of mediation agreements. The third is to improve the judicial review of the effectiveness of the people's mediation agreement and establish its due authority. It is suggested that in accordance with the Supreme Court's Provisions on the Trial of Civil Cases Involving People's Mediation Agreements and related judicial interpretations, the corresponding implementation rules should be further formulated for the judicial review and validity confirmation of people's mediation agreements, and the binding force, performance rate and credibility of people's mediation work should be improved by supporting legal and standardized people's mediation agreements to exert their enforcement effect in trials. In practice, people's mediation agreement can be treated differently in two different situations: after reaching a legal agreement, if one party fails to perform it and brings a lawsuit to the court within a certain period of time, the other party may request the people's court to enforce it within a specified period of time. If one or both parties bring a lawsuit to the court after reaching an agreement, the court shall examine the legality of the people's mediation agreement. If the content of the agreement is legal, the mediation procedure is legal and does not violate the principle of voluntariness, it will be given legal effect directly or indirectly according to different litigation requests: if the parties sue for maintaining the original mediation agreement, a judgment confirming the effectiveness of the agreement will be made; If the parties bring a lawsuit on the original disputed matter, they will support the original agreement in the judgment. Otherwise, the case shall be filed for review after the agreement is ruled invalid. (2) Strengthen the contact and interaction between the court and the non-litigation dispute resolution subject, and establish and improve the pre-litigation diversion and mediation mechanism. A team composed of judges (or judges' assistants) and clerks is specially set up in the court filing reception room, to give litigation risk warnings to the parties who do not need people's mediation and public security mediation in general civil cases such as family cases, small debt disputes, small damage compensation disputes and neighborhood disputes, inform them of their characteristics and advantages, and suggest them to give priority to people's mediation and public security mediation. If the parties accept it, the case shall be suspended, and a "Transfer Mediation Contact Sheet" shall be issued to transfer the dispute to the polling organization and police station in the township (village) for mediation; For cases where the parties insist on prosecution or people's mediation or public security mediation is ineffective, depending on the specific circumstances, the group may mediate alone or together with mediators and jurors at the place where the dispute is located. If an agreement is reached, a mediation will be issued at that time; For civil disputes that do not fall within the scope of civil cases accepted by the court or do not meet the conditions for prosecution, inform the case-handling department of the parties or the polling agency where the dispute is located to do a good job in mediation. 2. Establish and improve the docking mechanism between litigation and mediation. The court should strengthen coordination with township judicial offices, public security police stations, legal service offices and grass-roots polling organizations, and establish a multi-party linkage mediation work model. Frequent disputes within the jurisdiction shall be handled by the villagers in advance. If the village mediation fails, the villagers will send personnel to issue written mediation materials (seals) and inform the parties to go to the township judicial office or legal service office for secondary mediation. If the township judicial office or legal service office insists on litigation in the mediation process, it will issue written mediation materials (seal) and inform the parties to enter the prosecution stage in court. At the same time, it is necessary to remind the parties of matters needing attention and litigation risks, and do a good job in dispute resolution as much as possible. For personal injury compensation disputes that have been mediated by the police station, the court can further communicate with the public security department, standardize the collection of evidence materials and working procedures at the filing stage, and avoid the difficulties and dilemmas caused by the parties' failure to submit evidence or irregular description of relevant facts and mediation work. 3. Establish and improve the linkage system of entrusted assistance mediation. First, clarify the linkage form: (1) The court can entrust mediation to all disputes that are suitable for entrusting people's mediation organizations to mediate, whether before litigation, during filing review, after filing pre-trial and during trial, and can also guide mediation; (2) The court may invite (employ) relevant personnel (not limited to people's mediators) to participate in the litigation mediation at the above stage; (3) The relevant departments provide the court with the evidence and reasons related to the dispute, and assist in timely and proper mediation of the dispute. The second is to standardize linkage operation. It is suggested that measures such as setting up mediation liaison officers to strengthen communication, making a roster to clarify the scope of entrustment, inviting (hiring) applicants, and imitating the people's jury system to formulate relevant work regulations should be taken to form a stable and long-term mechanism for joint work. 4. Establish a joint meeting system. Led by the township party committee, the people's courts, police stations, judicial offices and administrative villages hold regular meetings to exchange mediation experiences and practices, and timely communicate and coordinate relevant issues and problems related to the convergence and coordination of dispute mediation work of various departments. In addition, for some new or difficult disputes, discuss and formulate legal and effective solutions, or jointly request superior departments to provide treatment suggestions. (3) Establish rules and regulations, and do a good job in early warning and investigation of contradictions and disputes in accordance with the principle of "combining regulation with prevention". According to the characteristics of population distribution and civil disputes, the court area is divided into several areas, which are under the responsibility of the collegiate bench. Judges of the collegiate bench regularly go deep into the area in charge, keep abreast of all kinds of contradictions and disputes within their jurisdiction, and establish special ledgers for registration and filing. Simple civil disputes are filed on the spot and mediated on the spot; Communicate and coordinate the litigation cases that affect the overall situation in advance, and inform the relevant situation at any time. 2. Hold liaison meetings regularly or irregularly. Relying on the above-mentioned joint meeting system, township party committees, people's courts, police stations, judicial offices, village (neighborhood) committees and other organizations hold regular meetings to analyze typical contradictions in a period of time, exchange information, timely discover and grasp the signs and trends of major group disputes or contradictions that are easy to intensify within their jurisdiction, coordinate and guide the masses to express their wishes and demands legally and orderly, and comprehensively use legal, policy, economic, administrative and other means as well as mediation, education and consultation. First, relevant departments interact and cooperate to jointly publicize the legal system by organizing special activities, distributing leaflets, having discussions with village representatives, and organizing centralized training for village cadres. On the one hand, they impart legal knowledge, on the other hand, they explain the operation mode and practical significance of the diversified dispute resolution mechanism of "three-adjustment linkage" to improve the people's cognitive ability of the mechanism; Second, solicit opinions and suggestions from the masses through various channels as a reference for improving the work; Third, prepare manuals explaining various dispute resolution paths in relevant departments, strengthen oral notification to poor people or parties with low education, and guide the masses to form a correct and rational concept of choosing dispute resolution paths. (V) Effectively guarantee the efficient operation of the "three-adjustment linkage" contradiction and dispute resolution mechanism with strong strength and strict responsibility. First, we should further increase the human, financial and material support needed to establish and improve this mechanism, such as allocating special funds or setting up special funds. Second, an accountability mechanism should be established. In addition to the courts, other relevant departments should also include the relevant matters involved in the diversified dispute resolution mechanism into the scope of inspection and assessment by local party committees themselves or in a unified way, and reward and punish the relevant responsible persons according to the assessment results to ensure that all measures of the mechanism are implemented. In a word, with the acceleration of social change and the constant adjustment of interest pattern, various new contradictions and disputes are constantly emerging, showing the characteristics of diversified subjects, enlarged scale, intense behavior and complicated objects, which puts forward new requirements for mediation, a traditional way of resolving contradictions. In addition, due to the inherent functional defects of people's mediation, administrative mediation and judicial mediation, it is an important task to integrate mediation resources, optimize mediation methods and improve mediation effect to maximize the role of mediation under the new situation. This requires party committees and governments at all levels to further coordinate the efforts of all parties, establish and improve the "three-tone linkage" working system of people's mediation, administrative justice and judicial mediation, give full play to the role of mediation, improve the efficiency of mediation, and more effectively build a solid defense line at the grassroots level to resolve contradictions and maintain stability.