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Hefei effectively resolves property service contract disputes with innovative measures

近日,Central Radio Network, People's Daily • People's Digital, "Learning Power" learning platform, Hefei Daily, Hefei Evening News, Jianghuai Morning Post, Hefei Online, etc,It is entitled "Promoting social Governance at the grassroots Level through Efficient supervision",It is reported that the Standing Committee of Hefei Municipal People's Congress helps the high quality of the trial of property disputes,Promoting the practice of community-level social governance by means of the rule of law。

Properly resolving property service contract disputes is a key part of strengthening social governance at the grassroots level。In recent years,Under the strong leadership of Hefei Municipal Committee,Under the strong supervision of Hefei Municipal People's Congress and its Standing Committee,The city's courts deepened diversified dispute resolution and litigation services,Promote property service contract disputes to "become unissued, stop before litigation, and finally Sue",Improve residents' happiness and satisfaction,We will build a social governance pattern featuring joint contribution, joint governance and shared benefits。

The 10th meeting of the Standing Committee of the 17th National People's Congress of Hefei City

Hefei Municipal People's Congress Standing Committee Director Wang Weidong speech

To promote the court property service contract dispute trial work to a new level,On June 28, the 10th meeting of the Standing Committee of the 17th National People's Congress of Hefei listened to and reviewed the report of the Municipal Intermediate People's Court on the trial work of property service contract disputes in the city,The supervision of the People's Congress helps the trial of property disputes carry out in high quality,We will promote community-level social governance by means of the rule of law。

Effective measures to resolve property service contract disputes

Not long ago, a signing ceremony was held in Yaohai Court, and the property mediation studio of Hefei Property Management Association in Yaohai Court was established。After the establishment of the studio, the association and the court can achieve seamless docking and efficient linkage, effectively linking litigation and non-litigation dispute resolution mechanisms, and jointly promoting the multiple resolution of property service contract contradictions and disputes。This move is one of the important measures for the Hefei Court to explore multi-department linkage of property disputes and promote source governance, further reduce the litigation cost of property disputes for the masses, and improve the quality and efficiency of property dispute resolution。

This is the vivid epitome of Hefei court focusing on the source of litigation management and resolving disputes in multiple ways。The city's courts adhere to and develop the "Maple Bridge experience" in the new era, improve the diversified resolution mechanism of property service contract disputes, and promote the formation of a grass-roots governance model of co-construction, co-governance and sharing。Since 2020, the city's courts have resolved more than 30,000 cases of property service contract disputes through pre-litigation mediation。
While building a diversified mediation platform, the Hefei Court has exerted its judicial initiative and taken the initiative to integrate judicial work with grassroots social governance。The "black and white list" system of property service enterprises is jointly built with the street community and the community industry committee,The person in charge of the property entering the blacklist will be interviewed;Set up a property management working group,Carry out property management mutual evaluation, property dispute judicial practice analysis and other work;Regularly organize and hold property dispute coordination meetings,Establish a ledger according to the causes of property disputes,Invite representatives of owners, property companies and real estate enterprises in communities with prominent conflicts to hold discussions,Accurately diagnose the crux of the conflict and discuss solutions......
In order to improve the quality and efficiency of trial cases, Hefei courts have refined trial methods to facilitate mass litigation。Build a working platform for the city's courts' property service disputes, promote the "one-stop" settlement of property disputes, build a "cloud court", and strive to let the parties run "at most once" until "once without running".。For the bulk cases in which property service enterprises require payment of property fees, the small claims procedure is actively applied, the first instance is the final instance, the trial procedure is simplified, and the litigation burden of the parties is reduced。China has taken the lead in piloting the second instance circuit trial system, setting up four circuit trial teams to settle in four urban courts, bringing property service contract disputes into the scope of circuit case acceptance, resolving disputes on the spot, and facilitating parties to participate in litigation。
The work of the court did not stop when the case was concluded。Hefei court answers questions after sound verdict,Open the "heart knot" for the parties,The case is closed;Select typical cases for public trial,And the detailed reasoning judgment will be publicized in the community involved,Interpretation by case,Resolve a large number of property service contract disputes from the source;Aiming at the problems found in the trial of property service contract disputes,Timely issuance of judicial recommendations,Promote law-based administration,Eliminate hidden dangers of conflict,Ensure the uniformity of the law...
The report shows that the city's courts have played a role in the trial function, carried out pre-litigation mediation and litigation source management, and resolved a large number of property disputes。From 2020 to 2022, the city's courts received a total of 35,130 new cases of property service contract disputes, of which 30,794 cases were withdrawn by mediation, with a mediation withdrawal rate of 77.65%。

We exercised oversight by the People's congresses to ensure that our work was carried out in high quality

Residential property is no small matter, branches and leaves are related to people's livelihood。The Standing Committee of the Hefei Municipal People's Congress found the "key points" and "focus points" for performing their duties, and included the supervision of the trial of property service contract disputes in the city's courts as the key points of this year's work。In order to do this work well, in May this year, the Standing Committee of the Hefei Municipal People's Congress set up a research group composed of the responsible leaders as the leader, some members of the Standing Committee, the heads of relevant working bodies, representatives of the Municipal People's Congress and relevant personnel of the Municipal Procuratorate。
The research group is divided into field research group and paper review research group, through field visits, discussions and exchanges, access to case files and other forms, to fully understand the trial of property service contract disputes。The field research team went to Shushan District, Feixi County and other places to conduct field research, held a lawyer forum, and has held discussions with judges, prosecutors, public security, lawyers, deputies to the people's Congress, as well as real estate, street (community), property companies and other departments and units in charge of nearly 100 people, listened to a wide range of opinions and suggestions。In addition, the examination and research team focused on 50 cases involving property service contract disputes and 5 civil prosecutorial supervision cases that have been concluded in recent years, to understand the trial of cases and find problems。

Hefei Municipal People's Congress Standing Committee research group held a symposium

On May 16, the research team held a research symposium in the Central People's Court of the city, and put forward opinions and suggestions while fully affirming the work of the Hefei Court in the trial of property disputes。

The research team said,Property disputes concern the vital rights and interests of the people,It is related to the effect of social governance,The city's courts should do a good job in the trial of every case,To win the trust of the people by the quality and effect of the trial;Emphasis should be placed on pre-litigation mediation, in-litigation reconciliation and case closure,Achieve the unity of political effect, legal effect and social effect;Strengthen publicity,Interpretation by case,Use a small case to make good sense,We will do a good job in popularizing the law with individual cases and cases,To achieve the effect of rule of law publicity;We should do a good job in the source of litigation,Reduce conflicts and disputes at the source,Improve the rate of mediation,Courts should play an active role in judicial functions,Put forward suggestions in combination with trial work,Strengthen communication and cooperation between relevant units and departments,Form a joint force to resolve disputes。
The research team pointed out that the questions were honest and pertinent, and the suggestions were sincere and sincere, and every word and sentence embodied the earnest expectation and responsibility of the Standing Committee of the Hefei Municipal People's Congress to fully promote the high-quality trial of property disputes in the court。
Xu Renyu, a deputy to the Hefei People's Congress, suggested that the court should allocate the burden of proof more reasonably, and the support for property fees should consider the extent to which the property fulfils its contractual obligations。In addition, courts should further strengthen the management of case files to make judicial services more efficient and fair。
After the investigation, the city Intermediate Court quickly responded, "We organized the study of the" Hefei Residential area Property Management Regulations ", the court business department went into the community front line, through the holding of property dispute resolution symposia and other forms, to listen to and resolve the people's "urgent difficulties and worries" in property disputes。"Hefei Intermediate hospital staff said。

We will promote community-level social governance by means of the rule of law

On June 28, the 10th meeting of the Standing Committee of the 17th National People's Congress of Hefei listened to and reviewed the report of the Municipal Intermediate People's Court on the trial work of property service contract disputes in the city。How to strengthen the governance of the source of litigation and improve the quality and effectiveness of court trials became a topic of concern to members of the Standing Committee in the sub-deliberations。
"We should strengthen the linkage between government courts, resolve disputes at the source, and reduce the number of such cases.。"The city Intermediate Court should issue guidance on the trial of property disputes as soon as possible and unify the judgment standards.。"Increase publicity for the trial of property service contract disputes, especially for typical cases, so that property companies and ordinary people can act in accordance with the law.。"Relevant departments should strengthen contract management, conduct in-depth research, come up with a unified contract text, and standardize contract management from the source.。”……
During the group deliberation process, the participants actively offered suggestions and suggestions。We agreed that it is necessary to improve the quality and efficiency of court trials, strengthen departmental collaboration, strengthen industry supervision, further strengthen the diversification of solutions, improve the quality of trials, strengthen the linkage of departments, form a pattern of joint management of property disputes, properly resolve disputes over property service contracts, and promote grassroots social governance by means of the rule of law。
Property service is a "key small matter" related to the quality of life of the masses, and it is also a "livelihood event" related to the modernization of social governance system and governance capacity.。The relevant person in charge of the city intermediate court said,The deliberations of this meeting will be listened to carefully,Conscientiously implement the "Hefei Residential area Property Management Regulations" provisions,We will vigorously promote the resolution of property disputes and the management of litigation sources,Actively build a pattern of joint construction, co-governance and shared social governance,Effectively improve the city's property management service level and people's satisfaction。
Next, the Central Court of the City will regularly convene a joint meeting of the court and the relevant functional departments of property management to strengthen investigation and research and analysis and summary, and form high-quality judicial recommendations。At the same time, mediation plays a positive role in the handling of property disputes, and professional specially invited mediators such as NPC deputies, experts and scholars are hired to settle in the court to provide various types of dispute resolution services。In addition, in the handling of cases, the standard of case judgment is unified, the guiding role of class case judgment is played, and when facing the same type of cases, the effective class case is used as a reference to guide the parties to mediation and withdrawal。Finally, through the circuit trial of property dispute cases, sending law into the community and other ways to strengthen the popularization of law, play the leading and exemplary role of the rule of law。

Property dispute circuit trial into the community

The Standing Committee of the Hefei Municipal People's Congress will perform its statutory duties,Actively put forward opinions and suggestions,Effectively help the court to solve the difficulties and problems encountered in the trial of property service contract disputes,Efficient supervision and protection of the "last mile" of grassroots governance,Continue to contribute to the construction of a social governance pattern of joint construction, co-governance and sharing。

——来源China Property Management Association Hefei People's Congress

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