Reflections on,and Improvements of,the Mediation Functions of People's Assessors

Legislatively,the people’s assessors are defined as individuals who share judicial power.However,in the context of dispute resolutions,their role is restricted by the courts,which affects the extent of their assessorial activities.It is imperative to reconsider the implications of the people’s assessors’deep involvement in mediation from the standpoint of societal division of labor.To enhance this division of labor,it is advisable that the people’s assessors relinquish their mediation roles.It is necessary to redefine the distinctions between people’s assessors,judges,and people’s mediators,including specially invited mediators.This would not only make up the deficiencies in the role of professional judges but also relieve the tension between judicial professionalism and popular accountability.

An Empirical Analysis of the Impact of the Contract Book of the Civil Code on Labor Dispute Trial Practices:A Study of Four Hundred Judgments

Interpretation(I)of the Supreme People’s Court of Issues Concerning the Application of Law in the Trial of Labor Dispute Cases allows for the application of pertinent laws and regulations,including the Civil Code of the People’s Republic of China(hereinafter referred to as the“Civil Code”),in labor dispute cases.This has resolved the controversy over the relationship between civil law and labor law in academic and practical communities.In view of this development,we examined four hundred judicial documents,analyzing the focal points of disputes,the reasoning behind judgments,applicable laws,and judgment results.Our study identified seven impacts of the Contract Book of the Civil Code on labor dispute trial practices,exploring the underlying logic behind these changes and proposing policy suggestions to promote consistent judgments across jurisdictions,enhance judicial credibility,and encourage employers to govern enterprises in compliance with the law while empowering employees to safeguard their rights in accordance with relevant laws and regulations.

Evaluation of the efficacy of ropivacaine combined with sufentanil and ropivacaine alone for epidural labor analgesia

Objective: To study the efficacy of ropivacaine combined with sufentanil and ropivacaine alone for epidural labor analgesia. Methods: Primiparae who received vaginal delivery under epidural analgesia in Ankang People's Hospital between March 2015 and February 2017 were selected and randomly divided into accepting the group A who received ropivacaine combined with sufentanil for epidural analgesia and the group B who received ropivacaine alone for epidural analgesia. During the first, the second and the third stage of labor, the serum was collected to determine the levels of pain mediators SP, 5-HT and PGE2 as well as stress hormones NE, E, F-C, AT-II and INS;after delivery, the placenta tissue was collected to determine the expression of stress molecules GRP78, CHOP, Nrf-2 and ARE. Results: Serum SP, 5-HT, PGE2, NE, E, F-C, AT-II and INS levels of group A during the first, the second and the third stage of labor were significantly lower than those of group B;GRP78, CHOP, Nrf-2 and ARE mRNA expression in placental tissue of group A after delivery were significantly lower than those of group B. Conclusion: ropivacaine combined with sufentanil for epidural labor analgesia is more effective than ropivacaine alone in reducing pain and inhibiting stress response.

Efficacy and safety of different doses of ropivacaine + sufentanil for epidural labor analgesia

Objective:To study the efficacy and safety of different doses of ropivacaine and sufentanil for epidural labor analgesia.Methods: The primiparae with single birth and cephalic presentation who underwent vaginal delivery in Chengde Maternal and Child Health Hospital between March 2015 and February 2018 were selected and randomly divided into the group A who received subarachnoid injection of sufentanil 4 μg, the group B who received injection of sufentanil 4 μg + ropivacaine 2 mg and the group C who received injection of sufentanil 4 μg+ ropivacaine 3 mg. During childbirth, serum was collected at the first, second and third stages of labor respectively to detect the secretion of pain mediators and oxidative stress mediators;after childbirth, the placenta was collected to determine the expression of stress molecules. Results: At first, second and third stages of labor, serum SP, DYN, NE, PGE2, TNF-α, COR, AT-II and MDA secretion of group B and group C were significantly lower than those of group A whereas SOD and GSH-Px secretion were significantly higher than those of group A, and serum SP, DYN, NE, PGE2, TNF-α, COR, AT-II and MDA secretion of group C were significantly lower than those of group B whereas SOD and GSH-Px secretion were significantly higher than those of group B;after childbirth, GRP78, CHOP, Bax and Caspase-3 mRNA expression in placenta of group B and group C were significantly lower than those of group A whereas Bcl-2 mRNA expression were significantly higher than that of group A, and GRP78, CHOP, Bax and Caspase-3 mRNA expression in placenta of group C were significantly lower than those of group B whereas Bcl-2 mRNA expression was significantly higher than that of group B.Conclusion: The analgesic effect of sufentanil 4 μg + ropivacaine 3 mg for epidural labor analgesia is the most significant.

>Problems and Countermeasures of Collective Land Ownership Disputes in Beijing

In 2010, No.1 document of central government demanded strengthening mediation and settlement of ownership of rural collective land, to complete confirmation of right and registration and issue of certificate of rural collective land in 3 years. However, the mediation and settlement of land ownership in China still remain at starting stage, and there are many problems in both theory and practice. In this situation, this paper summarizes current situations of disputes about ownership of collective land in Beijing, analyzes causes of disputes, introduces existing working mechanism, methods and problems of dispute mediation and settlement, and finally presents feasible recommendations, in the hope of providing guidance for mediation and settlement of land ownership disputes.

Mediation for medical malpractice actions: an efficient approach to the law and veterinary care

Veterinarians today face an increased risk for malpractice claims in view of increased client awareness of the benefits of the human-animal bond and advances in preventive and specialized veterinary medicine.An important problem with medical malpractice litigation is the manner in which malpractice claims are resolved. In several countries, thousands of claims have been successfully resolved via Alternative Dispute Resolution processes such as mediation, conciliation and arbitration.In medical media-tion, health care providers, patients/animal owners, families, clergy and attorneys partici-pate directly in an informal, usually voluntary, dispute resolution process that can lead to for unique and promising approaches to resolving conflicts.Recently in Italy framework legislation addressing mediation has been introduced and it is also used to resolve medical malpractice disputes.Given that in Italy medical mediation is formally a new concept and is still evolving, an examination is made. The importance of “mediation” for veterinarians’ civil liability will be evaluated, underlining how it could become an important instrument in speeding up the resolution of court actions concerning medical mal-practice.

The Gulf Crisis:An Insight Into Kuwait’s Mediation Efforts

Mediation is an important peaceful means of resolving international disputes.In such cases,the mediator invites member states in dispute to roundtable negotiations to bring about a reconciliation.In the late GCC crisis between Qatar on one hand and Saudi Arabia,UAE,Bahrain,and Egypt on the other,Kuwaiti mediation tries to bridge the gap and prevent escalation that might lead to military confrontation against Doha to force a change of regime.However,this mediation is always in danger of an elongated crisis that might worsen the situation and hinder the parties reaching a reconciliatory settlement of their dispute.This is a challenge that confronts the Kuwaiti mediator and jeopardizes the very existence of the GCC in case the Kuwaiti mediator fails to reach a settlement.The dispute went beyond a limited geographic one with Egypt joining the boycott and the symbolic presence of Turkish troops in Qatar.As such,the dispute has created an unprecedented political rift among Gulf States and their rulers and somehow worries the existing regimes.This worrying situation threatens the core principles of some of these States,including those who are still neutral towards the dispute.

The Institutional Construction of Collective Contracts under the Labor Contract Law: Dilemma and Solution

The Labor Contract Law classifies collective contracts as special labor contracts, ignoring the fundamental differences between collective contracts and labor contracts. This has plunged it into jurisprudential obstacles and institutional difficulties. In terms of the main entities, efficacy, dispute settlement mechanisms, etc. collective contracts have their own institutional characteristics. They should be incorporated into the legislative framework for collective labor relations in future legislation, and should link up with trade unions, collective consultation and collective dispute settlement to form a complete system of collective labor law.

Community Mediation in Malaysia： A Comparison Between Rukun Tetangga and Community Mediation in Singapore

Malaysia is a multicultural, multireligious, and multiethnic country that is located in Southeast Asia. The social background of Malaysia as a multicultural state calls for the adoption of an alternative method to resolve community dispute which would offer solution and simultaneously promote harmonization in the society. Community mediation may be one of such alternative, if not the best method for interethnic relations. The government of Malaysia has introduced community mediation in Malaysia by providing training for community mediators through a pilot program, known as Rukun Tetangga （Peaceful Neighbor）. The purpose of this program is to promote unity among the multi-races and multiethnic citizens. This paper will refer to the current practice of community mediation in Malaysia as provided by the National Unity Department in Peninsula Malaysia and the practice of community mediation in Singapore. It is hoped that by comparing the practices in both countries, suggestions and recommendations could be made to improve the practice of community mediation in Malaysia.

A Discussion about Several Different Aspects under the Chinese Arbitration Law and the Swiss Arbitration Law

Ⅰ. The necessity of comparison different arbitration laws The world enters into a new epoch of global economic integration. China has already today become one of the most important investment countries; on the other side, Switzerland is in face of developing a much more mature economy and broadening the economic scope. The economy and trade intercourses between the two counties will become more and more frequent. At the same time civil and commercial disputes will increase correspondingly. So it is significant to compare the arbitration systems between them for promoting the economy and trade connection between Switzerland and China.

基于术前谈话第三方见证和手术意外保险的医疗纠纷“宁夏调赔”机制研究

建立长效的纠纷调解机制和医疗风险分担机制,是维护正常医疗秩序,缓解医患关系的重要措施。宁夏通过积极探索医疗纠纷防范化解机制,成立了医疗纠纷人民调解委员会,建立了医疗纠纷人民调解体系,实行医疗纠纷人民调解与医疗责任保险赔偿相结合的医疗纠纷处置工作新机制,探索性地开展术前谈话第三方见证和参保手术意外险的医患共担风险辅助机制,有效缓解了医患矛盾。

论中国特色调解型行政复议模式

调解原则载入总则规定之中,是《行政复议法》修改的一大亮点,预示着中国特色调解型行政复议模式的生成。依法化解矛盾纠纷成为各级政府分内职责,行政争议实质化解成为新兴政法话语,复议化解行政争议主渠道地位的实现,共同构成了中国特色调解型行政复议模式的社会背景。就规范内涵而言,调解优先、应调尽调是新模式的基本特质,调解覆盖到各类型行政复议案件、贯穿于行政复议办理全过程、调解结案方式和效力多样化则是新模式的核心要义。中国特色调解型行政复议模式的有效运作,需要从加强行政复议人员能力建设、建立科学考评体系和充分借助体制内外力量等方面予以保障。中国特色调解型行政复议模式的发展,将重塑行政争议化解整体格局,进一步推进国家治理体系和治理能力的现代化。

转型期乡村纠纷治理共同体的构建逻辑与推进策略——基于价值-制度的分析

作为社会治理共同体复调叙事之一,乡村纠纷治理共同体构成破解乡村解纷机制碎片化的可能方案。立足转型期乡村社会境遇,从共同体理论切入,乡村纠纷治理共同体可视为乡村多元解纷行动者以共同认可的制度规范为保障,创设乡村纠纷调解方案,推动乡村纠纷治理有效,满足人民美好生活需要目标的有机集合体。从逻辑上看,乡村纠纷治理共同体内嵌着价值意蕴与制度体系相互耦合的作用关系。价值意蕴是核心,侧重阐发从共同体成员个体、组织、社会的多元价值追求,并最终指向以人民为中心的乡村纠纷治理共同体目标愿景。制度体系是保障,重在厘清乡村纠纷治理共同体中差异化解纷行动者的身份边界及其治理结构。价值意蕴对制度体系的形成与维系具有导向引领功能,制度体系则是价值意蕴的外显形态和实现凭借,两者及其关联性成为理解乡村纠纷治理共同体的重要面向。未来持续深入推进乡村纠纷治理共同体建设,要坚持党的全面领导,进一步健全价值内化机制与制度行动体系,驱动乡村纠纷治理共同体组织优势转化为治理效能,推进乡村纠纷治理共同体迈向新高度。

论强制调解于“一带一路”投资争端解决的适用

“一带一路”倡议实施十年间,沿线国直接投资数额显著增加、投资结构持续多元化,但也有若干项目由于投资者和当地政府矛盾而被迫中断。“一带一路”是和平之路、合作共赢之路,可以效仿国内法中的强制调解制度,通过引入程序上的强制性来扩大调解在投资者-东道国投资争端解决中的适用,发挥其比投资仲裁更为经济、灵活、有助于合作关系修复的优势。强制调解制度并不会改变调解作为ADR自愿性的本质特征,和解协议的达成仍取决于双方同意。“一带一路”投资争端解决引入强制调解制度时,应该选择适当的路径,明确适用范围,综合考虑磋商、仲裁、东道国法院诉讼等其他争端解决方式的优劣,通过程序规则衔接,着眼于一整套高效、灵活争端解决机制的构建。

论中国独立调解体育纠纷的法治化进路——基于十国体育纠纷调解机制的对比分析

我国职业体育引发的体育纠纷迫切需要健全多元化体育纠纷调解机制进行解决。调解在我国具有深厚的历史渊源,被誉为宝贵的“东方经验”,而体育纠纷调解作为全新的法律服务模式,有助于推动体育纠纷多元地、快速地和有效地解决,但是我国现行体育纠纷调解机制存在主体独立性不足、制度与规范欠缺等问题。运用文献研究法、比较分析法、逻辑分析法等方法分析域外体育调解机制,主要从组织形式、机构性质、可调解纠纷范围等角度进行分析,结果发现,域外体育纠纷调解机制具有主体专门化与独立、程序规范化、范围限定与扩展等特征。基于此提出建议:1)在我国现有体育仲裁机构中增设体育纠纷调解机构;2)以《中华人民共和国人民调解法》作为我国体育调解制度内容的基本依据;3)以当事人自愿原则为基础界定体育纠纷范围;4)配备专业体育纠纷调解员。

“一带一路”投资争端调解机制的构建探究

因“一带一路”共建国家在经济、法律及文化等诸多方面存在差异,“一带一路”建设中产生的外国投资者与东道国间的投资争端显得尤为复杂。调解作为一种替代性争端解决方式,具有其他争端解决方式无可比拟的优势。在“一带一路”建设中推广调解机制具有可行性,但同时也面临一定的现实困境。文章在借鉴其他国际调解制度的基础上,结合“一带一路”建设的特殊性,从常设机构的设置、调解介入时间、调解员的资格及选任、调解的时限、调解保密及例外规定、调解的执行等方面构建了具有可操作性、可执行性的投资争端调解机制,以期保障“一带一路”建设的行稳致远,同时助力推动国际投资争端解决的多元化发展。

论公证调解的实践困境、理论基础与优化路径

作为多元化纠纷解决机制的组成部分,公证调解体现了公证制度由“纠纷预防”向“纠纷解决”的功能扩张。其制度发展大致沿循中国式法治现代化道路,经历了小调解、大调解以及司法辅助事务参与三个阶段,但实践中存在的运行无序性、发展依附性与功能模糊性三重困境阻碍了其解纷效能的发挥。在理论层面,多中心社会治理模式、“案多人少”困境下公民合法权益保障,构成公证调解的外部正当性基础,功能扩张的公证改革总趋势、评价型调解、多元公证业务衔接的比较优势,构成公证调解的内部正当性基础;来源于公证权的调解权与定性为社会调解的制度属性,使得公证调解独立于人民调解和司法权。在制度层面,应当以规范化逻辑为指引,确立完善公证调解制度的“三步走”总体方案,以社会化逻辑为导向明确多元化调解类型与调解模式,以专业化逻辑为牵引发挥衔接多元公证业务结案方式的调解协议执行优势。可采用“一般涵盖+重点突出+负面清单”的基本思路确定调解范围,同时适用单一“认证调解员”制度,并采用“规定上限+弹性计费”方式确定调解费用。

诉源治理视阈下我国调解机制现状及优化

近些年来,我国各级人民法院受理案件的数量一直居高不下,司法审判工作面临严峻的挑战。为了有效缓解法院“案多人少”的矛盾,应当通过发挥调解机制的作用来强化诉源治理,避免大量纠纷涌进法院。我国当前存在司法调解、人民调解、行政调解、律师调解及其他调解等众多调解类型,但调解重叠设置与分工不均衡、调解效力不强、调解专门人才匮乏与调解保障措施不足等问题也是必须正视的事实。针对上述问题,首先,应充分利用调解联动体系、建全调解引导机制、鼓励个人调解机构成立来理顺各类调解间的关系以避免过度重叠与分工不均;其次,需优化调解协议司法确认程序的管辖与审查方式进而增强调解效力、完善调解人才培养机制与建立调解员职业荣誉制度等来突破人才匮乏与保障不足的困境;最后,运用信息科技搭建统一电子调解平台、电子备案制度进一步为调解提质赋能。