长沙市天心区人民调解工作调查报告

发布时间：2018-07-15 21:05

【摘要】：人民调解作为解决人民群众内部矛盾纠纷的一种有效手段,形成在解放区时期,经过建国和改革开放多年的发展,近年来在解决矛盾纠纷和维护社会稳定中发挥了极大的作用。人民调解,是指在人民调解委员会主持下,依据现有法律、法规、规章、政策以及社会公德、公序良俗等,对涉及民事权利义务的民间纷争,在查明事实、分清是非的基础上,通过说服教育和规劝疏导的方法,促使当事人双方在互谅互让、平等协商、自愿的基础上,达成调解协议,解决民间纷争的一种群众性自治活动。人民调解具有群众性、民主性、自治性、司法辅助性等特征,调解过程中应遵守平等自愿原则、不违背法律法规和国家政策的原则、不妨碍当事人诉讼原则等基本原则。长沙市天心区建立了覆盖全区的调解网络,每个街镇、社区(村)、辖区企事业单位成立了人民调解委员会,还在纠纷多发地区成立了“个人调解室”。天心区的人民调解实行以街镇调委会为主和“大调解”的工作模式。建立纠纷排查机制,加强了《人民调解法》的学习、宣传工作,加强了人民调解组织队伍建设,大力推进了人民调解工作规范化建设,大力开展了“平安边界”创建活动,建立了按照矛盾纠纷结构报送机制,实行了矛盾纠纷形势分析报告制度。天心区人民调解工作存在人民调解法律性的认可度不高,调解员能力需要提升,专职人民调解员队伍流失严重,调解工作经费难得到保障等问题。解决天心区人民调解工作存在的问题主要对策有：实行人民调解员准入制度；加大政府对人民调解的资金投入,建立规范化调解室,配备办公设施、交通工具；建立人民调解员激励机制,落实、保障人民调解经费,实行“以案定补"制度；实行人民调解方式、方法和工作机制创新,加强对基层法院和司法行政机关对人民调解工作的指导；宣传人民调解制度,提高公众的认知度。
[Abstract]:As an effective means to solve contradictions and disputes among the masses, people mediation has played a great role in resolving contradictions and disputes and maintaining social stability in recent years after the development of the founding of the people's Republic of China and the reform and opening up in the liberated areas. People's mediation means, under the auspices of the people's Mediation Commission, on the basis of the existing laws, regulations, rules, policies, social morality, public order and good customs, on the basis of ascertaining the facts and distinguishing between right and wrong concerning civil rights and obligations, By persuading education and persuading the two parties to reach a mediation agreement on the basis of mutual understanding and mutual understanding equal consultation and voluntary settlement of civil disputes. People's mediation has the characteristics of mass, democracy, autonomy and judicial assistance. In the process of mediation, it should abide by the principle of equality and voluntary, do not violate the principles of laws, regulations and state policies, and do not hinder the principle of litigant action and other basic principles. Changsha Tianxin District has established a mediation network covering the whole district. Every street town, community (village), district enterprises and institutions have set up people's mediation committee, and "individual mediation room" has been set up in the dissension prone area. Tianxin District people's mediation to the main street town mediation committee and the "Great Mediation" work model. The establishment of a dispute investigation mechanism has strengthened the study and propaganda work of the people's Mediation Law, strengthened the building of the people's mediation organization team, vigorously promoted the standardization of the people's mediation work, and vigorously carried out activities to create "safe borders". The mechanism of reporting according to the structure of contradiction and dispute is established, and the system of analyzing and reporting the situation of contradiction and dispute is carried out. The people's mediation in Tianxin District has some problems, such as the low recognition of the legal nature of the people's mediation, the need to improve the ability of mediators, the serious loss of full-time people's mediators, and the difficulty in securing the funds of mediation work. The main countermeasures to solve the problems in the people's mediation in Tianxin District are as follows: implementing the admission system of the people's mediators, increasing the government's investment in the people's mediation, establishing a standardized mediation room, equipping office facilities and means of transportation; To establish an incentive mechanism for people's mediators, to implement and safeguard the people's mediation funds, to implement the system of "fixing compensation by case," and to innovate the ways, methods and working mechanisms of people's mediation, We should strengthen the guidance of the grassroots courts and judicial administrative organs in the mediation work of the people, publicize the people's mediation system, and raise the public's awareness.
【学位授予单位】：湖南师范大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D926

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