How to solve the case legally

1. Negotiation. Both parties rely on their own strength to compromise and make concessions to each other to resolve disputes. 2. Mediation. The intervention of a third party promotes mutual understanding and concession between the parties to the dispute, and ultimately resolves the conflict. 3. Arbitration. A dispute resolution mechanism that submits disputes to an arbitration institution for arbitration. 4. Litigation. A system in which one party submits a request to the court and the court decides the dispute. Litigation is the final and most authoritative dispute resolution mechanism and the last barrier for parties to protect their rights. Most of the disputes we encounter in life are civil disputes, and the handling of civil disputes is different from the handling of other administrative disputes and criminal disputes. So do you know how to handle civil disputes? The editor has compiled relevant information and will give you detailed answers below.

1. How to deal with civil disputes? 1. Negotiation. Both parties rely on their own strength to compromise and make concessions to each other to resolve disputes. This method is quick, easy and calm, but the negotiation should be recorded in writing. 2. Mediation. The intervention of a third party promotes mutual understanding and concession between the parties to the dispute, and ultimately resolves the conflict. When parties to a dispute lose the basis for dialogue, it is a wise choice to seek third-party mediation. 3. Arbitration. A dispute resolution mechanism that submits disputes to an arbitration institution for arbitration. The arbitration award is final. If one party fails to perform the arbitration award, the other party can apply to the court for enforcement. 4. Litigation. A system in which one party submits a request to the court and the court decides the dispute. Litigation is the final and most authoritative dispute resolution mechanism and the last barrier for parties to protect their rights.

2. What are the cases that are not within the scope of civil cases? 1. Fund-raising dispute cases, including disputes arising from the internal raising of funds from employees for production, operation, and housing construction by agencies, enterprises and institutions, and cases that are not handled in accordance with the law. Disputes arising from approval of random fund-raising activities from unspecified targets in society. 2. Disputes arising from illegal "pyramid selling" activities in the form of "buying and selling". 3. Real estate dispute cases caused by government administrative decisions and system changes. 4. Disputes arising from the overall arrears of wages to employees due to corporate restructuring or poor corporate performance, as well as disputes involving laid-off employees arising from labor system reform. 5. Disputes arising from the adjustment and planned transfer of state-owned assets of enterprises by the government and its competent departments; cases involving employee placement disputes caused by violations of the principle of democratic negotiation during the process of enterprise restructuring or due to enterprise restructuring, etc. 6. Disputes between villagers and rural collective economic organizations due to land compensation and resettlement subsidies, except for cases where the payments are made directly to individuals and have not been arranged by the collective economic organization. 7. Cases in which one party fails to perform the decision after the government department makes a decision on land ownership (right to use) disputes and the other party files a civil tort lawsuit. 8. Disputes arising from large-scale termination of agricultural contract contracts by local governments in accordance with agricultural industrialization policies and the development requirements of economies of scale. 9. Disputes arising from employees who joined small collective economic organizations such as tailoring societies, ironware societies, barber shops, carriage teams, etc. during the cooperative period and requested the division of property accumulated by the collective economic organizations. 10. Dispute cases involving “No.1” as the debtor and disputes between “No.1” and farmers. 11. Cases in which the party applied for bankruptcy but submitted incomplete materials for corporate bankruptcy and employee placement was not implemented. 12. Securities infringement dispute cases arising from illegal securities activities such as price manipulation and trading, except for cases in which the victim has filed an infringement case that has resulted in administrative penalties from relevant authorities or criminal judgments from the People's Court due to false statements. 13. Burial dispute cases include various disputes arising from disputes over grave sites and Feng Shui. 14. Cases in which the employer fails to pay, owes payment or underpays employee social insurance premiums. 15. Cases involving state-owned enterprises undergoing restructuring in accordance with the requirements of local governments. 16. Disputes involving military housing.

17. Disputes arising from the reform of the enterprise's property rights system and labor and employment system, such as layoffs, buyout of seniority, internal retirement, and overall wage arrears; but the employer has not carried out the reform of the enterprise's property rights system and labor and employment system, or has been laid off after the restructuring. If the labor relationship is terminated with employees in the name of buying out the length of service, etc., the People's Court shall accept the case. 18. Disputes between workers and employers regarding housing reform, housing sales, housing subsidy payment and other issues related to the implementation of national housing reform policies. 19. Disputes between workers and employers over the payment of housing provident funds. 20. Disputes involving urban enterprises’ payment of basic pensions, basic medical insurance, unemployment insurance, work-related injury insurance, and maternity insurance. If the employer has participated in social pooling insurance as a whole, whether the employee sues the employer or the social insurance agency . The people's courts should not handle it as a labor dispute case. However, the following circumstances are excluded: (1) The employer lowers the salary standard of employees when paying social insurance premiums, resulting in employees being unable to receive insurance benefits in full after retirement. Disputes arising from social insurance premiums; (2) Disputes arising from the de facto labor relationship between employees whose employer has not been included in social pooling insurance and the employer over the payment of social insurance premiums. 21. Disputes arising between public institutions and their staff over professional titles, ranks, positions, assessments, etc. 22. Disputes between public institutions and their staff arising from technology shares, ownership of intellectual property rights, distribution of interests, etc. 23. Disputes arising from contracting issues between public institutions and their staff. 24. Other cases that should not be accepted: (1) According to the provisions of the Administrative Litigation Law, if the plaintiff files a civil lawsuit within the scope of administrative litigation, it will not be accepted and the plaintiff will be informed to file an administrative lawsuit; (2) In accordance with the law, If the parties to a contract dispute voluntarily reach a written arbitration agreement and apply for arbitration at an arbitration institution, they are not allowed to file a lawsuit in the People's Court. If the plaintiff files a civil lawsuit in the court, it will not be accepted and the plaintiff will be informed to apply for arbitration at the arbitration institution; (3) In accordance with the provisions of the law, For disputes that should be handled by other agencies, if the plaintiff files a civil lawsuit in the court, it will not be accepted and the plaintiff will be informed to apply to the relevant agency for settlement; (4) For cases that are not under the jurisdiction of this court, if the plaintiff files a civil lawsuit in the court, the lawsuit will not be accepted. Accept the case and inform the plaintiff to file a lawsuit with the people's court with jurisdiction; (5) If the party files a lawsuit in a case in which the judgment or ruling has already taken legal effect, the case will not be accepted and the plaintiff will be notified to handle it according to the complaint, except for the ruling of the people's court allowing the withdrawal of the lawsuit. ; (6) According to the law, cases that cannot be prosecuted within a certain period of time will not be accepted if the lawsuit is filed within the period of prohibition of prosecution; (7) Divorce cases are not allowed and divorce cases that are reconciled through mediation are judged and the adoption is upheld through mediation. If there are no new circumstances or new reasons for related cases, and the plaintiff files another lawsuit within six months, the case will not be accepted. Through the above introduction, we clearly know how to handle civil disputes. There are four specific handling methods at this time, including agreement, mediation, arbitration and litigation. The parties can make choices based on the actual situation. Of course, if one method cannot solve the problem If there is a dispute, there are other ways to resolve it.