Hailing, Jiangsu Province： Promoting the ＂source of litigation＂ to deal with property disputes has dropped by more than 80%
The emergence of a large number of property disputes in urban residential quarters has become one of the important sources of group disputes at the grassroots level in cities, which puts forward a new topic for political and legal organs on how to further improve the ability of urban social governance.
The reporter of "Legal Daily" recently learned in an interview in Taizhou City, Jiangsu Province that only in Hailing District, the core city with a population of 550,000, various factors lead to the superposition of property disputes, showing the trend of complaints to administrative organs, a large number of court cases increasing year by year, and group disputes happening from time to time.
Since February this year, the Hailing District People’s Court has established a "3+1" property dispute mediation mechanism in cooperation with the Housing and Construction Bureau, the Town Street (Park) and the Residence (Village) Committee, which has grasped the key points of diversified solutions to property disputes. "We insist on putting the non-litigation dispute resolution mechanism in the front, creating a new mode of joint judicial and administrative resolution of property disputes, and achieved good results. In the first half of this year, there were only 45 litigation cases in court, a decrease of 84.32% compared with 287 cases in the same period in 2018. " Jiang Wei, Party Secretary and President of Hailing District Court, introduced.
A research report inspires new ideas of common governance and win-win situation
Urban property disputes are not only a livelihood issue, but also a social governance issue.
As early as November 2017, the Hailing District Court comprehensively sorted out and summarized the continuous high growth of property disputes in recent years, and formed the Trial Report on Property Disputes in Hailing District (2013-2017).
According to the report, from January 2013 to October 2017, the hospital accepted 1,936 cases involving property disputes, and the number of cases received increased from 197 in 2013 to 610 in the first three quarters of 2017 alone. The report also sorts out six trial characteristics: small litigation object, diverse forms of disputes, difficulties for owners to prove, and high failure rate of owners. Among them, the cases of property service enterprises recovering property service fees became a batch lawsuit, and the reasons why owners failed to pay property fees on time were mostly due to inadequate public management and untimely, incomplete and irregular services provided by property service enterprises.
Although the amount of property disputes is small, once a large number of cases are brought to court, it will often lead to owners’ dissatisfaction with property service companies, which will further aggravate the contradictions between the two sides. In some communities, owners even jointly request to change property companies. In 2018 alone, the District Housing and Construction Bureau accepted as many as 5,000 complaints about property disputes, and there were nearly 10 group disputes caused by property disputes, accounting for more than 10% of all civil and commercial cases in Hailing Court. Liu Zongkai, a member of the party group and vice president of Hailing District Court, believes that court trial is only a palliative, and strengthening source governance through joint administrative organs and grassroots organizations is the fundamental solution. Only by establishing litigation and non-litigation resolution mechanism can we treat both the symptoms and root causes and truly promote the harmony and stability of the community.
It is understood that after the relevant investigation report of Hailing District Court received the attention of the leaders of the district party committee and the district government, Xiao Liulin, the deputy head of the district, specifically asked the Housing and Construction Bureau to seriously study, actively dock with the court, and come up with specific measures to resolve contradictions before litigation.
Judicial cooperation with administration to create a new model of diversified solutions
Under the guidance and promotion of the Hailing District Court, it has jointly issued with the District Housing and Construction Bureau the Implementation Opinions on Joint Resolution of Property Disputes and the Code of Practice for Administrative Mediation of Property Disputes, etc., and comprehensively constructed a "3+1" mechanism for mediation of property conflicts between residential (village) committees, towns and streets (parks), housing and construction departments and judicial trials, so as to achieve layered diversion and step-by-step resolution of contradictions and disputes, and ensure that minor problems do not leave the community.
On June 25 this year, after more than three months of trial operation, Hailing District Property Dispute Mediation Center was formally established, and the District Housing and Construction Bureau sent two full-time mediators to be responsible for the administrative mediation of property disputes in the whole region. At the same time, 146 community mediators were selected in the whole district to mediate property disputes in their communities in time. Complex disputes that cannot be mediated by grass-roots mediators shall be transferred to the mediation center for joint mediation by full-time mediators and courts, and those that still cannot be mediated shall be transferred to proceedings.
"Administrative mediators are familiar with the property management of each community. The mediation scheme they provide is more in line with the objective reality, and even some problems left by developers can be solved by the way. Such mediation can often be done, and both parties can be satisfied. " Judge Gong Xiqin, the property dispute trial team of Hailing District Court, said.
"Under the guidance of the judge, we have successfully mediated 161 property disputes since the mediation studio was in operation for three months, and only 20 of them finally entered the proceedings." Yuan Ruiqin, the mediator, said, "In the process of mediation, we also grasped the focus and problems of property conflicts in various communities, which provided effective information for the Housing and Construction Bureau to carry out administrative work and improved the accuracy and effectiveness of the work."
"The establishment of the center is also the first in the whole province. This is a new measure for the benign interaction between the government and the hospital in the new era. It can effectively integrate the administrative and judicial forces, solve the contradictions and disputes in property management in a diversified way, and achieve reconciliation, harmony and the rule of law." Zhang Zhaoyang, deputy secretary of Hailing District Committee, said.
Insist on people-oriented and establish a new mechanism of source governance
It is understood that the Hailing District Court put forward the concept of "people-oriented, source governance" to the district party committee and district government, and suggested standardizing property management behavior, reducing contradictions from the source, fundamentally resolving contradictions, and speeding up the construction of the social governance first good area and the people’s livelihood happiness pilot area.
According to this suggestion, the Hailing District Party Committee and District Government promulgated the Ten Norms for Property Management in Hailing District, Detailed Rules for Standardized Assessment of Property Management, Pilot Work Plan of Party Construction and Property Management, Relevant Publicity Measures for Property Management Areas, and Work Plan for Audit of Property Fees, thus forming a new pattern of multi-integration, such as grass-roots organization leading by Party construction, open and transparent service finance, autonomous management of community owners, inspection and evaluation of housing and construction departments, diversified solution of contradictions and disputes, and full guarantee of judicial services.
"In Loudaokou, you can see the service standards, service contents and charging standards publicized on the wall, so that we can consume clearly." Grandma Wang, the owner of Hanlin Yaju Community, praised. "Standardization of property management is a good measure to really make enterprises bigger and stronger. With the owners’ grievances gone, it is not difficult for us to collect property fees." Manager Wang, the person in charge of Yintai Property, said.
"On the basis of promoting the openness and transparency of services, we have established a property service ‘ Red and black list ’ Evaluation mechanism, in ‘ Blacklist ’ Property companies that have appeared more than three times in the world will be interviewed for rectification. For property companies that have not changed their education, the street owners’ meeting will start the exit procedure of property projects to ensure that property companies provide quality services in accordance with the contract. " Mao Songyun, director of the District Property Management Office, introduced.
In order to support administrative organs to mediate property disputes in accordance with the law, Hailing Court has given full play to its judicial function, and formulated and promulgated the Guide to the Trial of Property Dispute Litigation Cases, which uses the evaluation results of administrative organs on the service quality of property service enterprises as evidence, clarifies the frequently controversial clauses in property service contracts, effectively solves the problem of "difficulty in proof" of owners and the understanding scale of mediators in administrative mediation, and realizes the seamless connection between administrative management and judicial trial.
"With the promotion, support and guarantee of Hailing Court, we have more motivation and confidence to carry out administrative work, and the new property management mechanism can be successfully constructed." Liu Fei, deputy director of the Housing and Construction Bureau of Hailing District, said that the complaint rate of owners dropped by nearly 20% year-on-year, and the collection rate of property fees increased by 10%.
"The new model of the source management of property disputes in Hailing District Court not only lightens the litigation burden of the parties, but also makes the people have more sense of gain, reduces social contradictions, maintains the harmony and stability of the grassroots, and makes contributions to improving the level of urban social governance." Xu Zhilun, member of the Standing Committee of Hailing District Committee and secretary of the Political and Legal Committee, said. (Reporter Ding Guofeng correspondent Xiao Chen Wu Jiazhen)