First, the main characteristics of current social contradictions and disputes
1. The contradiction between individuals and organizations, the contradiction between the masses and cadres. In the past, social contradictions and disputes were mostly civil disputes. That is, disputes between individual citizens caused by marriage, inheritance, maintenance and neighborhood relations. At present, contradictions and disputes between workers and enterprises, villagers and village committees, economic cooperation organizations and even grass-roots governments are more prominent. Some cadres are too bureaucratic to deal with problems and contradictions correctly when they encounter contradictions. On the contrary, they work day by day, leaving the contradictions to the next day. Over time, contradictions have accumulated and become more and more complicated. Therefore, the tension between cadres and masses in many units, enterprises and village groups has become an important factor affecting social stability.
2. Disputes are closely related to the immediate economic interests of the masses, and most of them are law-related contradictions. This paper analyzes the problems reflected by contradictions and disputes in recent years, mainly focusing on compensation and resettlement for demolition, urban management demolition, housing and welfare treatment for residents, restructuring of enterprises and institutions and social security for employees, large-scale construction and development, and people's dissatisfaction with the injustice of party and government organs and their cadres.
3. Group disputes are prominent. In the conflicts and disputes that arise, it is often that the interests of the masses are consistent and the requirements are similar, which is easy to form group disputes. Such as demolition and resettlement, land acquisition compensation, enterprise restructuring, fund-raising can not be repaid and other matters related to the vital interests of some people. These contradictions and disputes are difficult to mediate, and most of them form collective petitions. The case is complicated, the policy is unclear, and the problem is intractable, which is also harmful to social stability.
There are more and more people who solve problems abnormally, while fewer and fewer people rely on the law to solve problems. Mainly in three aspects: first, group visits. Some petitioners have the wrong psychology of "the law does not blame the public, making a mountain out of a molehill, making a mountain out of a molehill, and not making a mountain out of a molehill". They think that the more people petition, the more attention the government pays to it, and the better it will help solve the problem. They often organize collective petitions to put pressure on the government and make excessive demands. This part of the case is particularly prominent in the letters and visits involving a wide range of issues, such as enterprise employees seeking social security, rural land acquisition, and real estate license handling. The second is leapfrog access. In recent years, people's legal knowledge and awareness of participation have been significantly enhanced, and their dissatisfaction is reflected in the departments above the township level, rather than being solved at the village level. They obviously have no trust in village cadres, which invisibly increases the workload of county and township governments. According to the survey, the reason why people are unwilling to rely on the law to solve problems is that they are not sure about some lawsuits and are afraid of spending money, but they don't need to spend money to directly report to the government, and the cost is low. The third is to choose the opportunity to petition.
5. The degree of confrontation has increased. When petitioners fail to achieve their goals once or twice, their emotions become more and more intense and the degree of confrontation intensifies. Some petitioners take some extreme measures to reflect their problems.
Second, the main reasons for the current social contradictions
1. objective reasons: the contradictions and problems caused by interest adjustment in the process of social development are mainly manifested in some unstable factors brought about by rural land acquisition, urban demolition, park construction and project promotion. There are problems in the construction of grass-roots democracy, mainly in the process of rural general election, which has caused some contradictions and problems.
2. Subjective reasons: First, the ideological understanding is not in place and the sense of responsibility is not strong. Second, the work is not deep and the style is floating. Third, there are not many ideas and methods. At present, the problems reflected by the petitioners are becoming more and more complicated. Some departments and units are used to using old methods and ideas when solving problems, but they can't take the initiative to think of ways, ideas and creative work, which leads to some relatively simple problems becoming more and more complicated and increasing the difficulty of handling them. Fourth, some units have a weak sense of cooperation. Mainly manifested in the need for multiple units to participate in solving problems, some units do not actively participate in and cooperate with each other, but can push and push, hide and hide, and "kick the ball" with each other, which has caused great passivity in case solving.
Third, the basic countermeasures to prevent and resolve social contradictions and disputes
Social contradictions and disputes are complicated, involving a wide range of fields, strong suddenness, high collectivity and easy to intensify, which is a major hidden danger endangering social stability. Strengthening the investigation and mediation of contradictions and disputes and resolving contradictions among the people are of great significance for maintaining social and political stability.
1. Strengthen legal education and enhance cadres' concept of handling affairs according to law. In the work of maintaining social stability, mediation of disputes is a temporary solution, and prevention of disputes is a permanent cure. The best way to prevent disputes is to strengthen the popularization and publicity of citizens' legal knowledge, and vigorously carry out the activities of popularizing law and governing according to law by taking legal classes, preaching laws, regulations and related policies, and setting up publicity columns to create an atmosphere of the rule of law. Adhere to regular legal education classes, popularize laws and regulations such as the Constitution, the Civil Law, and letters and visits regulations, and raise citizens' legal awareness. According to the specific situation, carry out publicity and consultation on relevant laws and regulations among citizens in advance, help the masses understand policies, strengthen communication with the masses, and prevent and reduce the occurrence of contradictions and disputes from the source.
2 to strengthen the leadership of the investigation and mediation of contradictions and disputes. Leadership is the key to the investigation and mediation of contradictions and disputes. The main leaders of the Party committees and governments at the county and township levels, as the first responsible person for safeguarding the peace of one party, should put the investigation and mediation of contradictions and disputes on the important agenda, conscientiously implement the system of public reception and leadership package for leading cadres, personally ask questions about hot and difficult issues that the people have strongly reflected, conscientiously implement the leadership responsibility system, and directly link the investigation and mediation of contradictions and disputes with the achievements of leading cadres, thus safeguarding the fundamental interests of the people and resolving all kinds of contradictions and disputes.
3. Prevent and resolve conflicts according to law. The rule of law is the most authoritative and lasting means to prevent and resolve social contradictions. Party committees and governments at all levels should adhere to legal thinking and legal bottom line when dealing with contradictions and disputes and solving letters and visits, and solve the reasonable demands of the masses in accordance with laws and regulations and policies, but they should resolutely correct the wrong idea of "making a mountain out of a molehill and solving big problems" and ensure that contradictions and disputes are solved on the track of the rule of law. Judicial law enforcement departments should strictly follow the facts and laws, handle the contradictions entering legal channels fairly, openly and fairly, convince the masses of the law with the actual effect of resolving contradictions according to law, consciously express their demands through legal procedures, and resolve disputes by legal means. It is necessary to strengthen legal publicity and education for the masses, guide them to consciously take the law as the basic criterion for regulating their activities, and rationally reflect their demands according to law. If the political and legal departments continue to make trouble or even gather people to make trouble for personal purposes even after the legitimate demands are resolved, which constitutes an illegal crime, they should be investigated for responsibility according to law and establish the authority of the rule of law.
4. Build an institutional mechanism according to law. Efforts should be made to build an institutional system that plays an important role in the interests of the masses, unblock the legal channels for the coordination of the interests of the masses and the protection of their rights and interests, and further improve the diversified dispute resolution mechanisms that are organically coordinated, such as mediation, arbitration, administrative adjudication, administrative reconsideration and litigation, so as to ensure that reasonable and legitimate demands can get reasonable and legitimate results in accordance with legal provisions and procedures, and attract more people to resolve conflicts of interest through legal channels. On this basis, we should give full play to the role of deputies to the National People's Congress, members of the Chinese People's Political Consultative Conference, social organizations and grass-roots mass autonomous organizations in smoothing and broadening the channels for expressing people's demands, and properly handle the reasonable demands of the people in accordance with the law and policies. It is necessary to constantly improve the pattern of mediation work, form a comprehensive mechanism to mediate and resolve contradictions and disputes, and timely and effectively resolve contradictions at the grassroots level and in the bud.
5. Establish a responsive team to mediate social contradictions and disputes. Construction is carried out from three aspects: First, we insist on strengthening grassroots infrastructure and enhancing the overall function of grassroots coordination committees in an important position, focusing on the contradiction mediation function of grassroots judicial offices, and constantly strengthening the construction of organizational networks. The second is to strengthen the professional training of staff engaged in social contradictions and disputes and improve their ability to mediate various social contradictions and disputes. Regularly adjust the mediation team, and enrich the comrades with good quality, strong professional ability and love mediation work into the mediation Committee. Third, continue to improve the effective mediation system of social contradictions and disputes, regularly carry out various dispute investigation activities, sort out the signs and hidden dangers of disputes in the jurisdiction layer by layer, find problems in the bud and solve them at the grassroots level. Grasp the characteristics and laws of contradictions and disputes in different periods, different regions and different personnel, formulate work plans, put guidance and prevention work ahead, and be aware of them before they happen.
6. Establish a coordination and linkage mechanism to improve the efficiency of resolving contradictions and disputes. At present, the causes of various contradictions and disputes are various, involving politics, economy, law, administration and many other aspects. Therefore, it is necessary to establish and improve the coordination and linkage mechanism for the investigation and mediation of contradictions and disputes and actively build a cross-regional cooperation platform. First, relying on the County Social Contradictions Investigation and Mediation Office, for key contradictions and disputes, determine the lead unit and cooperation unit of the case, coordinate the cooperation of all units from top to bottom, and work together from left to right to do a good job in mediation; The second is to play the role of mediation centers and mediation committees in towns and units to resolve various disputes in a timely manner. Township and unit coordination committees should regularly conduct special governance on complex and difficult civil disputes, and mediate various civil disputes and various hot and difficult issues. If mediation fails, legal procedures can be guided to prevent leapfrog petition.
7. Establish dynamic management files, and implement the system of filing supervision and revocation. For every influential contradiction and dispute, we should foresee and intervene in advance, set up special files, handle them by special personnel, resolve them one by one, give feedback to the relevant departments at higher levels in time, and make follow-up visits to the parties, thus forming an integrated new mechanism for conflict investigation.
8. Scientifically apply the rule of law thinking and the rule of law, and strive to resolve social contradictions. In the report of the 18th National Congress of the Communist Party of China, it is proposed to "improve the ability of leading cadres to use the rule of law thinking and the rule of law to resolve contradictions". Practice has proved that leading cadres can only perform their duties and make decisions according to law if they fully have the ability to think and use the rule of law, and can truly promote the resolution of contradictions by the rule of law. First, we must firmly establish the concept of the rule of law. To resolve contradictions and deal with problems, we must put the awareness of the rule of law in the first place and form habitual thinking. It is necessary to further establish and improve the rule of law training system, regularly train cadres in party member, improve the scientific and systematic work of rule of law education, train leading cadres to be good at using the thinking and means of rule of law to deal with various complex problems and resolve social contradictions and disputes, and gradually bring the solution of various social contradictions and problems into the rule of law. Second, we must establish a sense of maintaining stability according to law. Maintaining stability according to law means adhering to the requirements of legalization and institutionalization, acting in accordance with laws and systems, so that everyone is equal before the laws and systems, and there can be no special citizens. Third, we must strengthen the construction of the stability mechanism. At present, the work of maintaining stability is generally dominated by political and legal organs, and public security organs are the main force. In fact, in solving social contradictions, putting political and legal organs and political and legal police ahead of everything is not conducive to solving problems, and it is easy to lead to escalation and expansion of conflicts. Solving disputes by administrative means lacks legitimacy, stability and long-term, and disputes will drag on endlessly, which will not really solve disputes and increase social costs. Therefore, in order to completely end all kinds of disputes, we must take the road of rule of law. At the same time, the media should publicize more cases of resolving disputes according to law, and guide petitioners to rational rights protection channels such as litigation, reconsideration and arbitration. Fourth, we should establish and improve the supervision and restriction mechanism. It is necessary to constantly establish and improve the power structure and operation mechanism in which decision-making power, executive power and supervision power are mutually restricted and coordinated, and promote the established supervision system and supervision system to continuously enhance the supervision synergy and supervision effectiveness. It is necessary to strengthen the perfection and implementation of the accountability system, further improve the systems of questioning, accountability, economic responsibility audit, resignation and recall, and ensure the effective supervision of leading cadres at all levels. It is necessary to introduce the "rule of law" into the performance evaluation and selection and appointment criteria of leading cadres, and let the rule of law thinking become the active and conscious inertia thinking mode of leading cadres.