Preventing and Resolving Social Conflicts

Preventing and Resolving Social Conflicts and Managing the Public Power Ma Huaide + Content Summary The main reason for the increasing social contradictions in China is the non-standardization of public power. Now the social policy and legal system lag behind the government's illegal decision-making and deal with emergencies. Non-standard law implementation of bad administrative non-publicity information is not open, etc. The fundamental way to prevent and resolve social contradictions and disputes lies in regulating the exercise of public power, including defining power boundaries, regulating legislative powers, improving procedural rules, and standardizing decision-making and law enforcement behaviors. Since the resolution of contradictions and disputes mainly relies on administrative methods, statutory relief channels such as litigation reconsideration have not fully played their role, resulting in more and more social contradictions, and the difficulty in preventing and resolving contradictions and disputes has been increasing. To this end, administrative means should be used with caution, smooth legal relief channels, and effective resolution of social contradictions and disputes.

The social view refers to the tension between the social group and the organization. This tension is usually caused by the uneven distribution of resources and the ideological values. It is usually the negative emotion of the other party. The form that will be adopted due to negative emotions! 1 behavior. From the perspective of the law, the society and the shield are often present in disputes and disputes. The current social contradictions and disputes have increased in number, the participants are diversified and organized, and the methods are extremely violent and networked, and the dispute resolution channels are not smooth. The method of dispute resolution that relies too much on administrative means has increased the difficulty of dispute resolution and brought greater pressure on social stability. How to recognize the current situation of social contradictions, analyze its causes, grasp the regular characteristics of social contradictions and develop, and effectively prevent and resolve social contradictions is an important research topic. This paper summarizes the characteristics of current social contradictions and disputes, analyzes the basis of the intensification of social contradictions, and generalizes the roots and measures of the defense against social spears and disputes to standardize the exercise of public power, propose clear power boundaries; regulate legal power; The second policy and the law enforcement Dingwei; the cautious duties of Dingzheng, smooth legal guarantees and other countermeasures.

Characteristics of current social contradictions and disputes At present, the number of social contradictions and disputes has increased substantially, and the difficulty of resolving is increasing. The situation is not optimistic. Whether it is the number of cases accepted by courts at all levels in the country in recent years, or the number of petitions handled by petitions, or the number of criminal cases, can explain this. The number of cases accepted by the court reached more than 10,000 in 2010. From 1992 to 2004, the total number of letters and visits nationwide has been climbing for 12 consecutive years, with an average annual increase of more than 10. In 2004, the total number of letters and visits nationwide reached a peak, with a total of 13.736 million person-times. Although the year of 20 is 2.7 lower than that of 2008, it still reached 10.336 million. In 12008, the number of criminal cases was 8.77 times that of 1978, and the number of social security cases reached 7.412 million, a six-fold increase over 1978. The mass incident increased from 10,000 in 1994 to 90,000 in 2008. In Beijing, the number of disputes resolved through various methods was about 3 million. The number of petitions only accounted for 8, which is 238,000, and the number of litigation cases reached 420,000. At the same time, the complexity and difficulty of solving social contradictions are also quite large. The repeated petition rate in Beijing has reached 12.4, and it is said that 83 people have reached 8500 petitions. In summary, the current social contradictions and disputes have the following characteristics: Professor of the Institute of Rule of Law, China University of Political Science and Law, doctoral tutor. This article is the result of the research on the legal research of the ten major special research projects of the China Law Society.

Participate in the mass work conference materials from the perspective of Beijing social management innovation on the 25th of the 20th.

The main body of participation in contradictions and disputes is multi-faceted, involving a wide range of issues. The main forms of conflict between the government and the people are contradictions. The main body of social contradictions and disputes present a diversified character that not only occurs between citizens, but also between citizens and legal person groups and organizations. It even happened between party members and the masses. From the peasant workers' teachers to the re-transfer of military foreign-invested enterprises, and the cadres and cadres, almost all kinds of social bodies are involved in the society. The field of the guild shields is expanded, and the teachers of the social management office are required to transfer to the public environmental protection. Disputes and labor disputes between doctors and patients disputes, the appeals of the government to the government, and so on.

Not only traditional disputes such as marriage and family disputes in the housing estates of the housing estates exist in large numbers, but also modern disputes caused by environmental pollution such as state-owned enterprises restructuring land acquisition and demolition labor disputes, due to their complexity and professionalism, and the diversification of the main body, etc. Solving brings new difficulties and challenges. From the perspective of social contradictions, the current social contradictions mainly focus on the gap between the rich and the poor, corruption, environmental pollution, land acquisition, demolition, education and medical questions. The public’s dissatisfaction is often directed at the government’s policy. Corruption behavior is not the focus of the abuse of power, violence, law enforcement, and unfair distribution of public resources. The focus of the conflict is often directly and indirectly concentrated on the government. Local governments often bear the brunt and have to stand on the front line. Now, the undeniable fact is that the party groups are doing The contradictions between the groups are increasing, and the relationship between the party and the masses is relatively tight. In some places, the contradiction between the party and the masses is very sharp. The excessive involvement of the government and its officials in economic affairs, even in the trading of power and money, ignoring the public interest, has damaged the image of the government and its officials, weakened mutual trust between the public and officials, and caused conflicts between the government and the people. . Therefore, the current social contradictions and disputes are mainly contradictions between the cadres and the conflict between the government and the people. Although the contradictions between the cadres and the conflict between the government and the people are not the largest number of social contradictions, they are the most influential and most difficult to prevent and resolve against the regime and social stability. contradiction.

The way of social contradictions and disputes tends to be extreme and violent, and social conflicts that tend to cause more and more mass incidents tend to intensify the tendency to appeal to conflicts. There are many ways to intensify, such as blocking the impact of party and government organs and enterprises or intercepting official vehicles; illegal assembly and demonstration will abandon life in the petitioning reception place; block the road and railway traffic; gather the people to fight and fight or burn Threatening the explosion; and so on. In the field of land acquisition and demolition, it is shocking to take place in the extreme events of self-immolation and self-immolation. Especially in recent years, collectively uphill 1. often. When a sudden incident occurred, criminal cases continued to increase. These phenomena show that the development of social contradictions often has a process. If it cannot be effectively controlled before or at the beginning of contradictions, it is easy to develop into extreme events or mass incidents against the main body of public power, which has a great impact on social order and people's psychology. Shock.

Social contradictions often reach through the Internet, forming an intangible struggle. Emerging media plays a very important role in the development and expansion of social contradictions. According to the 2010 National Economic and Social Development Statistics Bulletin released by the National Bureau of Statistics, there were 457 million Internet users in China in 2010, of which 450 million people had broadband Internet access. The scholars summarized the contradictions and disputes in contemporary China into 14 types. For example, involving urban residents and rural people, special care and resettlement, social relief marriage registration, marriage agency, funeral management, etc.; contradictions and disputes involving pension insurance, unemployment insurance, medical insurance, labor market management, labor disputes, work and other aspects; rural economic policy management and financial management Contradictions and disputes in land contracting; land acquisition and allocation of land use overall planning land ownership and use rights dispute land compensation for the use of rural housing sites, and the contradiction of abuse of cultivated land, etc.; urban and rural construction planning towns Contradictions and disputes in management and demolition compensation and resettlement; contradictions and disputes in urban and rural environmental protection; contradictions and disputes in the construction and management of transportation highways and bridges; consumer rights and goods quality disputes, economic contract disputes, urban and rural market supervision and management, investigation of illegal business entities Contradictions and disputes in the management of industrial and commercial households; disputes in medical accidents; contradictions and disputes in family planning; contradictions and disputes involving the restructuring of enterprises in production and safety, and other disputes involving group petitions; Among them, the disputes arising from the reorganization of land acquisition, resettlement and resettlement, and the relationship between labor and capital, such as agriculture, etc., are particularly prominent.

Participated in Li Peilin and other reports on China's social harmony and stability, Social Science Literature Publishing House, 2008, p. 325.

10 cited before 7.

People, the Internet penetration rate reached 34.3. China has millions of forums and 220 million blog users. According to sampling statistics, more than 3 million people have made more comments every day through forum news commentary blogs and more. Netizens often speak on the Internet and discuss various words to fully realize their ideas and interests. Due to the convenience and concealment of the Internet, many social contradictions and disputes are first spread and fermented online, and it is easy to develop into a realistic contradiction. The network has become the most important channel for social dissatisfaction and resistance. The current social contradictions are often the first to make a sound through the form of the Internet. The network provides great convenience for the dissemination of all kinds of information, and various methods such as blog microblogging and short message can all make a small question into a big event in the shortest time. In recent years, the Ligangmen Yaojiaxin case of the Forbidden City Sinopec incident was first disclosed on the Internet. With the rapid spread of online information, it has caused a major impact in a very short period of time. For example, the Forbidden City incident has evolved from the earliest stolen door to the later erroneous Ding Club door. In just a few months, the Forbidden City Ten Doors appeared. If there is a lack of understanding of the characteristics of the current social contradictions, it is difficult to make the government information transparent and transparent, and do not know how to resolve and deal with these network emergencies, it is difficult to avoid small things dragging, big things dragging, and eventually causing social contradictions and disputes. .

The solution to social contradictions relies too much on administrative means, and the difficulty of solving them is increasing. Although the legal dispute resolution channels include people's mediation of judicial mediation litigation and arbitration administrative rulings and letters and visits, etc., it is still administrative means. Due to the distrust of the judiciary and the lack of judicial authority, the public generally tends to resolve disputes through administrative or political means, pinning the hope of resolving disputes on the individual, and the phenomenon of letters and visits does not believe in Fayi + letter 1 and so on. Due to the needs and pressures of maintaining stability, the party committee and government also stood at the front line of contradictions and disputes, and used administrative means such as rectifying responsibilities under the fixed indicators to resolve disputes and conflicts. As a result, the tens of thousands of Ma Qiyong party committees and government 4 sought direct traffic, which intensified The letter, the tide; the grassroots government is struggling to cope, the principle of satisfying the petitioner's request is unsuccessful, and the effective referee is overthrown; in some places, if the pressure is not enough, the money will be bought to buy the gourd and the gourd will be scooped up, causing the petitioners to compare each other in order to At the time of stability, we will take measures such as compulsory interception to restrict personal freedom, and progress will intensify contradictions, making it more difficult to resolve contradictions and disputes. The reasons for the intensification of social contradictions and disputes The number of social contradictions is increasing rapidly. The reasons for the escalation of contradictions and disputes are more complicated. It is generally believed that the changes in the social income income distribution caused by the social transformation of the social stratum, the changes in the income gap between urban and rural areas, and the diversity, diversity and variety of people's values ​​are the main reasons for the increase in social contradictions. It is true that the tremendous changes in the values ​​of social structure interests will inevitably lead to new questions. The loss of public power has intensified the contradiction between the party and the masses and the conflict between the government and the people On the other hand, the government has taken too many things, shouldered too many responsibilities, and concentrated the contradictions on itself. On the other hand, the public institutions and cadres of the judicial and law enforcement organs of the party and government organs have their own problems, such as various bureaucratic law enforcement and unfair administration. It is not a bad practice and corrupt behavior such as extravagance and public finances to bully the extravagance and waste of the people.

In short, it is an act that harms the interests of ordinary people, which aggravates the contradiction between the party and the masses and makes the contradictions that are already sharp and sharper. It can be said that the loss of public power is the main cause of the surge of social contradictions. Preventing and resolving social contradictions and disputes must also start with standardizing public power.

The exercise of public power + standardization of several rural areas is now a social policy and legal system lag. Due to historical reasons, many social policies and institutional arrangements in the planned economy era have not been adjusted in time with economic and social development, and the policy system has lagged behind. phenomenon. At the same time, the introduction and adjustment of some new reform policies have led to changes in the pattern of interests, and some historical issues have been concentrated. For example, some veterans and private teachers who have left their posts and retired in advance require higher treatment; all localities, the State Council Information Office of the State Council of China, the Internet status of China, the central government portal, 1 ton 8 , Jia 812010, 608, batch 1622866 . Visit date is February 13, 2012.

The ubiquitous people who do not increase the land, the people who have reduced the land and the land, have adopted the policy, and have promoted the peasants who have no land and no other economic sources. They demand the implementation of responsible fields; the collection of rural collective land and urban houses. The difference in compensation rates imposed is too large. For example, as the urbanization process accelerates, the number of people in the city increases, and the question of whether non-Guangzhou people can participate in the college entrance examination in their permanent residence is increasingly prominent. Among the 20 million people in Beijing, the floating population accounts for more than 7.6 million. Like in Shenzhen, Dongguan, Foshan, Guangzhou, there are even upside down household registration and non-resident registration. The policy of migrant children not participating in the college entrance examination in their permanent residence has been or will be triggered. A lot of social contradictions. Policy adjustment is also an important cause of mass incidents. Due to the unsuccessful and unreasonable instability of individual policies in certain localities and units, some of the interests of specific groups have been damaged in order to solve the problem of Influencing the influence of excessive behavior, reaching the demand in the form of illegal law, thus triggering the mass incident. The stagnation of the law is now the irrational power of the body and the irrational allocation of resources. The lack of clear distinction between the procedural rights and the government functions. aspect. For example, the Sun Zhigang incident reflected the serious lag of the urban hustle and bustle personnel, and also gave birth to the vagrant and beggar rescue management measures that were not available in urban life. The successive demolition and burning cases in various places reflected the serious lag of the demolition regulations. In the same way, it was also born, and the introduction of the 1 land and 1 house expropriation and demolition compensation regulations was introduced. As some scholars have said, China's social security system income distribution system, the public finance system, the tax regulation system, the charitable public welfare small industry, etc. all have serious shortcomings, leading to the difficulties in the introduction and implementation of the social cost compensation measures, thus making China's current social cost compensation measures have obvious lags, leading to a surge in dissatisfaction among the masses and a crisis of government trust. This is the underlying cause of social contradictions in China. The government's illegal decision-making and the handling of unexpectedly many unexpected groups are often caused by the wrong administrative decisions of the government. Some governments and leaders did not insist on scientific and democratic decision-making in accordance with the law. Before major decisions, there was no careful scientific argumentation, no communication with the people, no risk assessment and one legal review. The solution and support have caused some people to make major decisions. The major engineering projects do not understand or cooperate, and even contradict each other. For example, in Gansu, Gansu Province, in 2007, the incident was a typical event. Due to the lack of proper procedural norms in administrative decision-making, the wrong decision that violates public opinion and does not speak the will of the scientific chief has become an important trigger for social contradictions and disputes. Especially in the handling of emergencies, due to mistakes in decision-making, conflicts are often intensified, leading to serious consequences. For example, in 2008, the Menglian rubber farmers in Yunnan Province, the Guizhou Pan'an incident, etc., all had problems in decision-making and improper disposal. Many of the mass incidents that have occurred in recent years have been traced back to the root cause of law enforcement personnel, violent law enforcement, uncivilized law enforcement, non-standard law enforcement, and strict enforcement. Because the law enforcement is not standardized, the relatives are not obeying the law or even resisting the law, which ultimately affects the implementation of the law. 3 Law enforcement cannot be related to law enforcement and infringement is an important factor in the intensification of social contradictions, and the people's legal implementation view also has misunderstandings, often not through a moderate and reasonable way. However, the extreme ways of exploiting, threatening or violently resisting the law have caused concern, and the law enforcement officials have been imposed. Finally, the law enforcement and the relative party Ai Daijian said that the children of migrant workers are difficult to relax the educational household registration restrictions. 1 Fox 8,1,.1200307,2791316.81 Visit date February 2012, cited 8 first.

The Menglian County's rubber farmers in Menglian County sold the latex to the rubber company at the agreed price. Since 2005, rubber prices have risen sharply, but the company has not adjusted the price of latex purchases. The rubber farmers decided to suspend the sale of latex to the company, and the high-priced purchasers were blocked by the security guards sent by the company. The county and township party committee government simply discussed the case in public security, repeatedly used police force to intervene, stimulating the rubber farmers, causing the police to be beaten by police cars before the 7.19 cumulative group incidents. The county government of Menglian County believes that these incidents are blame for the evil forces in the countryside and demand that Pu'er City call for force to crack down. On the morning of July 19, the public security organs took compulsory summoning measures against five suspects according to law. After the implementation of the law-based mandatory summoning task, according to the plan to carry out legal publicity and education to the villagers according to the plan, more than 500 people who did not know the truth had a few ulterior motives. Under the instigation of the people, the emotions were overwhelming and the behavior was too aggressive. Many times they crossed the warning line, and armed with long-steel steel pipe sticks to attack the police, causing many policemen to be injured. The police were forced to use self-defense guns to defend themselves. The distance was closer, causing the two to die. The incident also caused 41 public security police and 19 people to be injured, and 9 vehicles carrying missions were damaged to varying degrees. The deep-seated reason for the Pan'an incident in Guizhou is that the county has infringed on the interests of the masses in the work of mineral resources development, resettlement, construction demolition, etc. On the other hand, the county has been dereliction of duty for a long time, and it has not been able to pay attention to the evil forces and serious criminals. The criminal case rate is high and the detection rate is low. Quoted from the vicious circle of Liu Rui's current pre-system in China. According to the survey, most disputes involve urban planning, social security, labor disputes, collective land ownership, etc. Many of the stalking and mass incidents are also common in the above-mentioned administrative and administrative law enforcement fields. Judging from the sample survey materials interviewed by some areas in the province, in the sample of 300 complaints and petitions, the cases involving the demolition of land related to government actions, the government’s award of state compensation, etc. By the time of the total number of sampled cases, 32, the seriousness of the access to the complaints may be caused by administrative and administrative law enforcement. It can be said that there are a large number of non-standard phenomena such as law enforcement and unfair law enforcement in administrative law enforcement, which have created many social contradictions and intensified many social contradictions. Administrative inaction, information is not open With the implementation of the accountability system, there has been a serious law enforcement inaction. In the face of civil disputes and complaints, law enforcement agencies choose to evade the shield and force the practice of performing their duties, and the responsibility of the large-scale social group is not in place. Social conflicts have intensified. For example, in recent years, a large number of large-scale reservoirs have been built, but there has been a lack of specific policy guidance for reservoir immigrants' living security and support. As a result, local compensation standards are too low, and a large number of social contradictions have arisen, until the State Council promulgated the State Council in 2006. With regard to the improvement of the support policies for the post-migration of large and medium-sized reservoirs, the contradictions have been alleviated. Some are the statutory duties of law enforcement agencies failing to perform their rights to protect personal rights. The laws and regulations require the government to fulfill its obligations, and the government has not fulfilled it, causing the loss of personal property of citizens and causing social conflicts. This is especially prominent in the public security field. Some public security departments have the problem of not being able to delay the police and delaying the handling of the case and neglecting the request of the parties. Some are the failure of the grassroots government to resolve social contradictions in a timely manner and lead to escalation of contradictions. Social contradictions mainly appeared at the grassroots level. After the contradictions occurred, some government agencies perfunctoryly responded negatively and missed the best opportunity to resolve contradictions, which led to the continuous expansion and escalation of contradictions and eventually evolved into mass incidents. The non-disclosure of information is also the cause of contradictions and disputes. With the rapid development of modern emerging media, the public's right to participate in the right to know and the right to supervise is not smooth, the public's right to know is not fully guaranteed, it is easy to create a cadre-strong relationship between the government and the people. For example, a 23-year temperature car accident that occurred in 20 years is an example. The State Council's accident investigation report pointed out that in the entire accident emergency response work, it also revealed that the information released by the Ministry of Railways was not timely, and the response to the relevant social concerns was inaccurate, causing social doubts and causing negative impacts.

Standardizing public power and preventing social contradictions from the source The social contradiction is an inevitable outcome of economic and social development to a certain extent, and will be transformed with economic and social development, and will only increase and will not decrease in a fixed period of time. To prevent and resolve social conflicts, we must grasp the main aspects of contradictions. Mao Zedong said in the theory of contradiction that there are many contradictions in the development of complex affairs. Among them, there must be a major contradiction, because of its existence and development regulations and the existence and development of other contradictions. If there are most contradictions in the process, there must be a complex process with major contradictions. It is necessary to find out its main contradictions and catch the main contradiction. The question will be solved. As mentioned above, the main form of current social contradictions is the conflict between the government and the people. The main reason for the contradiction is that the public power is not standardized.

Therefore, the key to reducing the resolution of social contradictions and disputes is to regulate public power. Only by defining the power boundaries, regulating legislative power, improving the legislative system, improving the power operation procedures, standardizing decision-making and law enforcement behaviors, and expanding social participation and supervision, can we effectively prevent the higher-level people's courts in the provinces from interfering with the old petitions and seeking new ways to seek complaints. On the 7th of January, in the law enforcement of public security, there was a wide range of inactions that did not solve the problem of the people’s vital interests in the long-term unresolved case, and did not follow the regulations to investigate and collect evidence in a timely manner. Sexual and other intractable law enforcement questions, the public security police overstepped the case, and intervened in the abuse of power in economic disputes. The administrative law enforcement of Zhang Zhengming is not standardized. The line is particularly heavy, and it is like a group 7.2. The temperature is slightly higher than the temperature of 350. On December 25, 20th. Last visit time is February 12, 2012.

Class disputes prevent conflicts between officials and citizens and reduce social conflicts from the source.

Defining the boundaries of power, regulating the exercise of power, and preventing social contradictions and disputes; the root cause of the sudden emergence of the people is the loss of public power, specifically the abuse of power and power, and the exercise of powers of decision-making and profit-making injustice, including party committees and the judiciary. Standardizing public power must ensure that the party committee is in accordance with the law and the government is governed by law, and the judicial organs are fair in justice, ensuring that all public powers are exercised fairly within the scope of the law in accordance with statutory rules. Governing by law is the key to standardizing the exercise of public power. It is to transform the party's ideological line of ideas into the state's laws, regulations and rules through the construction of political organs. By educating party members, maintaining the party's organizational discipline, and ensuring that party members are in power. Strictly enforce power and act in accordance with the law. Anyone who violates laws and disciplines should be held accountable to ensure that the most important public power runs on the rule of law. In the month of 2010, the Central Organization Department of the Central Commission for Discipline Inspection issued a letter on the pilot work of the county party committee's powers to openly and transparently, emphasizing that the authority list should be compiled in accordance with the relevant laws and regulations of the party, and the power of the county party committee should be open and transparent. This is the second exploration of the inner-party restraint and the regulation of the power of the grass-roots party committees, but it does not solve the problem of the standardization of the party and government power at the county level. In the long run, party and government departments above the county party committee should also disclose their power lists, use legislation to clarify their power boundaries and relationships, achieve standardization and statutory power, prevent illegal and non-decisive decisions, prevent social conflicts and disputes, and regulate constraints. The key to government power is to formulate the administrative organization law and the compilation law as soon as possible, to define the functional authority and preparation of the organization in the form of law, to promote the transformation of government functions according to law, to realize the legal authority in the true sense, to prevent unauthorized decision-making and abuse of power to regulate judicial power. The key lies in continuing to promote the judicial disclosure and strengthen the rational allocation of judicial powers and mutual restraint to safeguard the rights of the parties to strengthen public opinion supervision, safeguard judicial authority, ensure judicial justice, actively resolve and reduce social contradictions.

Standardizing legislative power, improving the legal system, reducing social conflicts and dissolving social contradictions need to strengthen source governance. To this end, the central government has made progress to strengthen and improve the mechanism for safeguarding the rights and interests of the people, form a scientific and effective interest coordination mechanism, appeal to the mechanism, and to protect the interests of all parties, strengthen the source of social conflicts, and properly handle contradictions among the people. Resolutely correct the unhealthy trend that harms the interests of the masses, earnestly safeguard the legitimate rights and interests of the masses, and exercise the power of public power to adjust the relationship between power and obligations. This is an important way to manage the social spears. To this end, we must formulate more fair systems and laws to solve the current problems and contradictions, effectively safeguard the legitimate rights and interests of the public, and ensure the fairness of the society. In terms of legislation, it is necessary to take into account the differences in interests of different groups and different groups in different regions, solve outstanding problems such as land requisition and house demolition enterprise restructuring and environmental protection, prevent and correct various acts that harm the interests of the masses, and strengthen the protection legislation for vulnerable groups. We will formulate a series of laws such as the Social Assistance Law of the Poor Law, the Anti-Discrimination Law, the Immovable Property Collection Law, the Mental Health Law, protect the rights and interests of vulnerable groups, narrow the social gap, solve the income gap, and ask the protection of farmers' rights and interests. In terms of legislative methods, it is necessary to expand the way for the public to participate in legislation, to innovate in the legislative approach, to improve the consultation and argumentation of legislative hearing experts, and to publicly solicit the system of intentions and acceptances, to ensure that public opinions and suggestions are fully met, and legitimate claims are legal. The interests of the department are fully reflected; the reform department is required to draft a legal system, explore the establishment of a diversified legal and regulatory drafting mechanism, improve the methods of joint drafting and the drafting of experts and scholars of the legislature, and overcome the tendency of departmental interests in the legislative process. The law more reflects the will of the broad masses of the people, conforms to the people's hearts, and reflects public opinion.

Improve the procedural rules and regulations and law enforcement behaviors, avoid the conflict between the government and the people, strengthen the administrative decision-making procedures, improve the decision-making rules, and realize the scientific and democratic legalization of administrative decision-making. It is to prevent and resolve the society. Hu Jintao has solidly improved the scientific level of social management and built China. The characteristic socialist social management system 3 Zhongxun this news 3., 1 this mouth, 1 off 3200220, 120134831 plus. Last visit time is February 10, 2012.

An important aspect of contradiction. Standardizing decision-making power must improve decision-making procedures. In recent years, public participation in expert demonstration of risk assessment legality review and collective discussion decisions have received more and more attention, and gradually become the necessary procedures for major government decisions at all levels. Among them, the public participation and risk assessment procedures are particularly important to prevent and resolve social conflicts. Before making decisions on major issues, extensively soliciting the opinions of the masses, respecting the right to participate and supervise the right to know, and gaining the approval and support of the masses, and effectively implementing democratic decision-making, can reduce the possibility of social contradictions and disputes. The feasibility and controllability assessment of the legality of the major major policy items related to economic and social development and the vital interests of the people, and making decisions based on the evaluation results, can avoid subsequent contradictions and disputes. Therefore, for decision-making projects, it is necessary not only to conduct economic benefit assessments, but also to conduct social stability risk assessments and see if they can do it. It is necessary to do good things that meet the long-term interests of the people in the public interest, but it is not easy to make decisions. Otherwise, it may lead to social conflicts.

The key to standardizing law enforcement is the rule of the administrative procedures of the corpse. From the experience of most rule-of-laws, the unified system of government procedures has the power to restrain public power, protect citizens’ rights, curb corruption, overcome bureaucracy, and improve administrative efficiency. Significance. Although China has successively enacted a separate law such as the Administrative Punishment Act of the Administrative Punishment Law, the law enforcement procedures are still lacking. It is necessary to formulate a unified administrative procedure law to make up for loopholes and defects in various procedures and standardize administrative law enforcement. At present, due to the lack of a unified law enforcement procedure, combined with the inaction of the grassroots government and law enforcement agencies, it is not active to resolve the problems and disputes that were not serious, and trigger a larger and more intense social spear. Therefore, we must constantly improve the law enforcement system and mechanism, solve the problem of non-standard and opaque administrative law enforcement, and strictly enforce the order of law enforcement to avoid the impact of procedural violations and defamation. Nowadays, a large number of administrative petition cases have different levels of procedural violations or inquiries. It is precisely because of the dissatisfaction with the procedure that the petitioners repeatedly petitioned, resulting in such cases being dragged on for a long time. The key to legally preventing and dissolving such social contradictions and disputes is to improve the rules of procedure and strictly follow due process decisions and law enforcement.

Careful use of administrative means, smooth access to statutory relief channels, and effective resolution of social contradictions and disputes on the resolution of social contradictions, the theoretical and practical circles have put forward many suggestions. There are advocates to learn to do mass work and social work, learn to use large discussion and mediation to resolve social contradictions; there are advocates to integrate all aspects of resources, comprehensive use of legal administrative economy and education and consultation, and so on, to solve social contradictions in parallel; It is not enough to advocate the establishment of a diversified dispute resolution mechanism to resolve social contradictions. However, from the current actual situation, it is mainly based on administrative means mainly based on letters and visits to resolve contradictions and disputes. Due to the extensive use of administrative methods, the effectiveness of current events has led to the abuse of the legal system. Legal statutory relief channels such as litigation and arbitration administrative reconsideration are overhead or vacant, and the administrative methods such as the approval of the leaders have over-expanded, which eventually led to the disorder of the social dispute resolution system. It should be said that the petition system is closely linked to the party and the government and the masses. The important system has played an important role in reflecting the people’s voices and resolving disputes and maintaining the legitimate rights and interests of the public. Although the petition system is strictly not a specific dispute resolution procedure, the petition system has an irreplaceable position in China's dispute resolution system, but with the social structure and interests. The profound changes, the people's interests and the Dafang 忒1 have shown a variety of changes, and the practice of petitions has also undergone new changes. On the other hand, as an administrative remedy, letters and visits are not subject to any factual evidence in the resolution of the administrative decision-making procedures of the State Council on the strengthening of the rule of law. Strengthen the construction of administrative decision-making procedures, improve the rules of major administrative decision-making, and promote the scientific, democratic and legalization of administrative decision-making. We must adhere to the actual situation, systematically grasp the actual situation, analyze the impact of decision-making on various aspects, and carefully weigh the pros and cons. The public participation in the expert argumentation risk assessment legality review and group discussion decisions must be the necessary procedures for major decisions. Before making a major decision, it is necessary to widely listen to the full absorption of all aspects, and the intention to adopt the situation and its reasons should be reported or announced in an appropriate form. Improve the major decision-making hearing system, expand the scope of hearings, and standardize the hearing procedures. The hearing participants must have a wide range of generations, and the hearing intentions should be an important reference for decision-making. Major decisions must be decided by collective discussion at the government executive meeting or departmental leadership meeting. Major decision-making matters shall be submitted to the legal institution for legality review before the meeting. If it is not legally examined or is not legally examined, it may not be submitted to the meeting for discussion. u Comrade Zhou Yongkang's speech on the national video conference on political and legal work on December 18, 2009. In-depth promotion of social contradictions, social management, innovation, fairness and clean law enforcement provide a more powerful legal guarantee for the sound and rapid development of the economy and society. Zhong 1688 also does. , 22010 Fan Yufei litigation dispute resolution mechanism research, China Renmin University Press, June 2000 edition, p. 561.

According to the limitations of the deadlines and other certain requirements, in individual time and individual cases, it is able to step in place, and even break through the bottom line of the law, becoming the first choice of more and more parties. The leadership needs to solve the extra-legal solution for the sake of maintaining stability, misleading the large-scale petitioners, and ultimately leading to breaking the legal bottom line and using the so-called case justice to damage the overall fairness and justice of the society. On the other hand, due to the lack of judicial authority and credibility, it is difficult to get rid of the interference of local party and government powers, and the limited scope of the current courts, resulting in a large number of disputes can not be resolved through judicial channels, the parties have to seek administrative relief through letters and visits, resulting in The number of letters and visits has increased dramatically.即使是在维稳大背景下,如大接访带案下访包案处理,甚至是通过各种压力维稳的方式处理了之后,信访洪峰依然持续不退,高位运行。

信访制度木质是种具有人治色彩的纠纷处理机制士像温家宝总理所说的因为所谓上,它所体现的不是法律的程序,还是寄托在人,寄托在领导人的批,应该说在某种意义上还带有人治的封建色彩。在个现代化的国家,应该依靠法,应该依据法律来解决这些问。,实践证明,以信访为主的纠纷解决机制不仅架空了诉讼等法定救济途径,而且使党委政府站到了社会矛盾纠纷的第线。

比如在涉法涉诉信访案件中,法院成为方当事人,而信访机构和党政人大的领导则成为信访人与法院之间的裁判者,当事人之间的争议演变为信访人与法院之间的博弈。原本行使裁判权的法院之上又出现了更高裁判机构,党委政府成为实际上的终局裁判机关。同样体现行政色彩的领导批更是强化了信访纠纷解决功能,领导批的越多,批的越明确,信访的案件数量就会越多,最终导致各类纠纷涌向行政领导。加之公众在信上不信下心理驱使下,寻求无限向上的行政权威,纠纷就演变成了上下反复的马拉松赛,难以从根本上解决。这种纠纷解决方式只能使矛盾越解决越多,社会秩序越维越不稳,不仅会增加行政成本,而且会强化人治思维损害法治权威,不利于社会矛盾纠纷的预防和化解。

在法治国京,充分信仟汴且广泛使用法定救济渠道化解社会矛盾妃怍遍的做法。不仅因为法定的救济,迢是解决社会,纠纷的最后途径,而且也足因为这畔渠进是经过期历史检验逐渐规范化制度化的成果,是纠纷解决制度的高级形态,具有公开透明正可信长期稳定等形式正义的基本特征,是真正有效解决纠纷的最权威渠道。虽然目前社会公众对司法等法定救济渠道信心不足,也确实存在法定救济渠道不畅司法不公甚至司法腐畋等个别现象,但不能因此就放弃法定救济渠道,选择行政手段化解矛盾纠纷。相反,要慎用行政手段,充分信任各种法定的纠纷解决机制,落实中央关于完善矛盾纠纷排查化解机制,引导群众依法达合理诉求,切实维护群众权益的要求,畅通各种法定救济渠道,重视发挥诉讼复议等法定救济渠道化解社会矛盾纠纷的作用。

酋先,要慎用厅政1段解决纠纷重新认识厅政尹段解决矛盾纠纷的利弊,尤其对十涉法涉诉的信访案件,应当严格依法办理,不宜将法律争议转变成行政问加以解决,而应该在法律框架内判明是非,按照法定的程序合理公正解决。要合理定位信访制度的功能,严格限制信访范围,减少领导批等行政方式,使信访回归到下情上达了解信息转交信件的最初定位,取消信访在法律案件实体处理方面的功能,将信访群众引导到诉讼复议仲裁等法定的救济渠道上。

其次,畅通法定救济渠道。针对司法等法定救济渠道存在的问,改革现行的复议制度诉讼制度所谓压力维稳是指出于社会稳定的需要,上级信访机构给地方政府和有关部门下达信访控制指标,规定票否决制等问责机制,强行压制各级政府及有关部门通过非正常途径解决问。地方政府和有关部门为了完成任务,避免承担责任,不惜使用截访1销号行政拘留劳教上访人员非法拘禁连坐处罚上访人员亲属等方式限制上访人员,从而实现暂时稳定的做法。由于当前的社会矛盾基本上都是利益格局变化中出现的利益问,所以也只能通过社会主义民主和法治的渠道,通过利益格局的逐步调整来加以解决,而不能用压制甚至粗暴的办法解决,更不能用对待敌人的办法来解决。参前引。

重温温家宝总理同大学生谈法治,载法制日报2009年12月4日。

建议修改民事刑事行政诉讼法,放宽受案条件,降低救济成本,增强法定救济汜道的权威性和公位力,吸引纠纷当事人选择法定救济渠道化解社会矛盾。要扩大诉讼的受案范围。任何法律争议都应该纳入法院的受案范围,不能把法律争议拒之门外。要增加诉讼审级。在现有司法体制下,为避免司法地方化,部分案件应当实行审终审,为当事人提供更多的救济渠道,确保司法公正。制定申诉法,把各类申诉案件纳入个完整的有效的刚性的程序中,通过申诉程序来化解各类涉法涉诉信访争议。要不断增强司法裁判的说理性,通过司法公开的渠道,明白地告诉当事人裁判的结果和理由,便于接受社会的监督。要建立起信访与复议诉讼申诉等法定纠纷解决渠道的衔接机制。鼓励行政复议机关与人民法院在信访机构设立接待室等,使大批涉法涉诉的信访案件直接进入复议诉讼等程序。

最后,还应当完善司法救助制度,在法治的框架内提供社会救助。加快社会救助法的立法及司法救助制度的建立,建立司法救助基金,丰富司法救助资源,扩大司法救助范围。确保法院在诉讼中的救助对象,不仪限于刑卞絮件受害人,而叫广展到所1需要政魏决的各灼救弈,些生活陷于困顿的刑事案件受害人和其他诉讼当事人。,责任编辑吴雷审判中作社会矛盾化解工作,需要我们把调解和裁判的道理讲清楚。讲道理,不仅要用笔讲,在裁判文书中写明理由,更要口讲,用群众的语言讲明白;不仅要对当事人讲清楚,还要对社会公众讲清楚。总而言之,就是要让群众理解我们的工作,参与接受促成我很多人认为,党委政府之所以能够解决信访案件是因为有充足的资源,司法机关之所以解决不了是没有足够的资源。资源的配置政策安排和法律规定,如果把这些资源配置给司法机关,同样也能够解决那些棘手的政策性纠纷。

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