How to deal with disputes between people
Most of the disputes we encounter in life belong to civil disputes, and the handling of civil disputes is different from other administrative disputes and criminal disputes. Then do you know how to deal with civil disputes? Bian Xiao has compiled relevant information and will give you detailed answers below.
First, how to deal with civil disputes?
1, negotiation. The two sides relied on their own strength to compromise and settle the dispute. This method is quick, simple and calm, but the negotiation content should be recorded in writing.
2. Mediation. The intervention of the third party will promote mutual understanding and concessions between the two parties to the dispute, and finally solve the contradiction. When the parties to the dispute lose the basis of dialogue, it is a wise choice to seek third-party mediation.
3. arbitration. A dispute resolution mechanism for submitting disputes to arbitration institutions for arbitration. The arbitral award is final. If one party fails to perform the arbitration award, the other party may apply to the court for compulsory execution.
4. litigation. A system in which one party makes a request to the court and the court decides the dispute. Litigation is the final and authoritative dispute resolution mechanism and the last barrier for the parties to safeguard their rights.
Second, what does not belong to the scope of civil cases?
1. Fund-raising disputes, including disputes arising from raising funds from employees for production, operation and construction within organs, enterprises and institutions, and disputes arising from disorderly fund-raising activities to unspecified social objects without legal approval.
2. Disputes arising from illegal pyramid selling activities in the form of "buying and selling".
3. Real estate disputes caused by government administrative decisions and institutional changes.
4. Disputes arising from enterprise restructuring or poor enterprise benefits resulting in the overall wage arrears of enterprises, and disputes arising from the reform of the labor system.
5, the government and its subordinate departments to adjust the state-owned assets of enterprises, transfer scheme in the process of dispute cases; Cases of employee placement disputes caused by violation of the principle of democratic agreement or enterprise restructuring.
6 disputes between villagers and rural collective economic organizations due to land compensation fees and resettlement subsidies, but they are paid directly to individuals, except for disputes not arranged by collective economic organizations.
7, government departments to deal with land ownership (right to use) disputes, one party fails to perform, the other party filed a civil tort lawsuit.
8. According to the policy of agricultural industrialization and the requirements of developing economies of scale, local governments cancel agricultural contract disputes on a large scale.
9. Disputes arising from joining clubs and participating in small collective economic organizations such as tailor's clubs, iron clubs, barbershops and caravans during the period of cooperation, when employees demand to divide the property accumulated by the collective economic organizations.
10, the dispute case with No.1 as the debtor and the dispute case between No.1 and farmers.
1 1. Cases in which the parties apply for bankruptcy but the application materials for enterprise bankruptcy are incomplete and the placement of employees is not implemented.
12. Cases of securities infringement disputes caused by illegal securities activities such as price manipulation and trading, except that false statements have been subject to administrative punishment by relevant authorities or criminal judgment by people's courts.
13. Burial dispute cases include all kinds of dispute cases caused by competing for tombs and geomantic omen.
14. Cases of non-payment, non-payment or underpayment of social insurance premiums by employers.
15. A case of restructuring state-owned enterprises according to the requirements of local governments.
16, military delivery room dispute case.
17. Disputes such as laid-off, buyout of seniority, resignation and overall wage arrears caused by the reform of enterprise property rights system and labor employment system; However, if the employer fails to reform the enterprise property right system and the labor employment system, or terminates the labor relationship with the employee in the name of being laid off or buying out the length of service after the reform, the people's court shall accept it.
18. Disputes between employees and employers over the sale and payment of housing subsidies due to the implementation of the national housing reform policy.
19. Disputes between employees and employers about the payment of housing provident fund.
20, involving urban enterprises to pay the basic old-age insurance, basic medical insurance, unemployment insurance, industrial injury insurance, maternity insurance and other employers have participated in social pooling insurance, regardless of whether the employee sued the employer or social insurance institutions. The people's court should not treat it as a labor dispute case. Except in the following cases:
(1) When the employer paid the social insurance premium, it lowered the wage standard of the employees, which led to the employees not receiving the insurance benefits in full after retirement, and the retired employees and the original employer had disputes due to insufficient pension and medical expenses;
(2) The dispute between the employee and the employer over the payment of social insurance premiums because the employer is not included in the overall social insurance.
2 1. Disputes between institutions and their staff due to titles, ranks, positions, assessments, etc.
22, institutions and their staff due to technology shares, intellectual property ownership and interest distribution disputes.
23, institutions and their staff disputes due to contracting problems.
24. Other cases that should not be accepted:
(1) According to the provisions of the Administrative Procedure Law, if the plaintiff files a civil lawsuit, it will not be accepted, and the plaintiff will be informed to file an administrative lawsuit;
(2) According to the law, if both parties voluntarily reach a written arbitration agreement on contract disputes and apply to an arbitration institution for arbitration, they may not bring a lawsuit to the people's court. If the plaintiff brings a civil lawsuit to the court, it will not be accepted, and the plaintiff will be informed to apply to an arbitration institution for arbitration;
(three) disputes that should be handled by other organs according to law, if the plaintiff brings a civil lawsuit to the court, will not be accepted, and inform the plaintiff to apply to the relevant organs for settlement;
(4) If the plaintiff brings a civil lawsuit to our court for a case that is not under our jurisdiction, it will not be accepted, and the plaintiff will be informed to bring a lawsuit to the people's court with jurisdiction;
(5) If a party brings a lawsuit against a legally effective judgment or ruling, it shall not accept it, and inform the plaintiff to handle it according to the indictment, unless the people's court decides to allow the withdrawal of the lawsuit;
(6) According to the law, a case that cannot be prosecuted within a certain period of time shall not be accepted if it is prosecuted within the period of non-prosecution;
(seven) cases in which divorce or mediation is not allowed, and cases in which the adoption relationship is maintained through judgment or mediation, if there are no new circumstances or new reasons, will not be accepted if the plaintiff brings a lawsuit within six months.
Through the above introduction, we clearly know how to deal with civil disputes. At this time, there are four specific ways to deal with it, namely, agreement, mediation, arbitration and litigation. The parties can choose according to the actual situation. Of course, if one method cannot solve the dispute, they can also choose other methods to solve it.