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Dispute resolution system sees high success rate

Updated: Dec 11, 2023 China Daily Print
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A volunteer police officer (right) visits a trading company in Zhuji to learn about its operational problems. [Photo/Xinhua]

Sailing delay

In a recent case that Sushil heard, the dispute centered on a delay to the sailing time of a shipment and the buyer's claim of not being provided the promised 21 days of free storage by the shipping line at the port, leading to hefty charges.

With the meticulous presentation of chat records and evidence provided by the applicant, Sushil, using his extensive knowledge of foreign trade, revealed the absence of a formal shipping contract specifying details such as sailing time and destination. The applicant's claim regarding the balance amount was resolved through careful calculations of payments made by the applicant. Eventually, the money was returned to the applicant, and the case was closed.

"I have been involved in different cases and have maintained a harmonious environment to enable comfortable negotiations to resolve cases with mutual understanding. Over the years, I've successfully resolved more than 100 cases," Sushil said.

In recognition of Yiwu's mediation prowess, the city's foreign mediation committee was selected last month by the Commission for Political and Legal Affairs of the CPC Central Committee as one of the 104 "Fengqiao model" units to promote community-level governance.

Sushil emphasizes the importance of mediators being completely honest and using their knowledge in the right way for self and community development, to enable the mediation committee to support economic stability and law-abiding cooperation.

The "Fengqiao model", which originated 60 years ago in Zhejiang, and relies on the people to resolve disputes at the community level, has since been promoted nationwide.

Residents are encouraged to address and prevent disputes locally by using legal processes and other effective methods, with the aim of addressing small issues within a village, and also larger conflicts within a town, to prevent them from escalating.

Chen Wenqing, a member of the Political Bureau of the CPC Central Committee and head of the CPLA of the CPC Central Committee, said during a meeting last month that the "Fengqiao model" in the new era aligns with proactive and preventive governance philosophy, and resonates with the judicial philosophy of prioritizing harmony over litigation.

Economic and social development has brought an overall increase in conflicts, and the complexities of disputes make discovery, prevention and resolution challenging. The focus should be on prevention and mediation at the grassroots level, Chen said.

He stressed the need for grassroots prevention and mediation to foster a safe and peaceful social environment, contributing to rapid economic development and long-term social stability.

The CPC Central Committee's CPLA stresses conflict prevention and urges administrative, judicial and law enforcement authorities to investigate the root causes of disputes and enhance governance at source before disputes escalate. Party members, officials and law enforcement staff members should contact communities and villages to listen to public opinion and address their concerns.

The committee highlights the fundamental role of mediation in preventing and resolving conflicts, and requires the authorities to integrate mediation into the entire conflict resolution process. It has also called for efforts to standardize public mediation organizations at town and village levels, ensuring they operate lawfully with adequate personnel and effective systems.

In addition, industry regulatory and judicial administrative bodies should enhance guidance on administrative mediation, while adapting to trends in emerging industries such as finance and the internet, the committee said.

The Ministry of Justice said there are some 700,000 people's mediation committees nationwide, covering urban and rural areas. There are nearly 3.2 million mediators in China, with 410,000 working full-time.

From January to September, 11.8 million disputes were mediated across the country, enabling many of them to be resolved at the grassroots level before litigation was launched.

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