Improving the preventive legal system-Pan Jianfeng

February 03, 2021

At the Central Committee’s Work Conference on Comprehensive Rule of LawRule of Law It demands equality and accountability for all individuals under clear and predictable justice. This principle applies to both people and the State, emphasizing the need for transparency and openness in decision-making. The European Commission has the role of ensuring respect for the rule of law, as well as upholding EU values and principles. This fundamental value forms the basis of the European Union's foundation, requiring all, including government officials, to be subject to the law, under the control of independent and impartial courts., General Secretary Xi Jinping proposed to improve the preventive legal system, adhere to and develop the “Maple Bridge ExperienceExperience εμπειρία” of the new era, and promote social harmony and stability. This has pointed out the direction for us to better prevent and resolve civil disputes and improve the modernization of social governance through various forms and channels.

There will be civil disputes if there are civil activities. With the developmentDevelopment ανάπτυξη of humanHuman Ο άνθρωπος (Humanum> Homo sapiens) मानव:. We have failed to consider the minimum need to be a 'human'. For Christians, human beings are sinful creatures, who need some saviour. For Evolution biology a man is still evolving, for what, we don´t know. For Buddhist Nagarjuna, the realisation of having a human body is a mere mental illusion. We are not ready to accept that a human is a computer made of meat. For a slave master, a human person is another animal, his sons and daughters are his personal property.             society, civil activities have become increasingly active, and civil disputes have also increased dramatically. There are many ways to resolve civil disputes, and judicial litigation is an important way. However, the social cost of litigation is higher. China has a large population. If all civil disputes are resolved in the form of litigation, the parties and judicial organs will have to bear higher dispute resolution costsCosts Subject to any written law, costs are at the discretion of the Court, and the Court has the power to determine all issues relating to the costs of or incidental to all proceedings, including by whom and to what extent the costs are to be paid, at any stage of the proceedings or after the conclusion of the proceedings. Generally “Costs” includes charges, disbursements, expenses, fees, and remuneration. Costs in any matter are payable from the date of the order of the Court unless the parties otherwise agree. The costs of a third-party funding contract are not recoverable as part of the costs of, or costs.. This will not only restrict the improvement of judicial effectiveness, but also be detrimental to timely repair of social relations and maintenance of social stability.

The preventive legal system is mainly a series of legal norms and systems formulated to prevent the occurrence of various contradictions and disputes. The “Maple Bridge Experience” of the new era is to focus on the use of a variety of social conflict resolution mechanisms to eliminate conflicts and disputes beforehand and resolve them at the grassroots level. China’s mediationMediation It includes a process (ICC Mediation Rule), whether referred to by the expression mediation, pre-litigation mediation, online mediation, community mediation, conciliation or an expression of similar import, whereby parties attempt to reach an amicable settlement of their dispute with the assistance of a third person referred to as mediator (Indian Law), who does not have the authority to impose a settlement upon the parties to the dispute. The process is private and confidential. The process ends when a settlement has, or has not, been reached. Read more system is a preventive legal system with Chinese characteristics, which is known as the “Eastern experience” for the resolution of conflicts and disputes. PeopleMen Ανθρωποι (People), a woman (γυναίκα), Man (Ανδρας) > Adama, Manu > No proof to establish that due to mutation a monkey turned into a human being.’s mediators are rooted at the grassroots level, come from the masses, and are familiar with social conditions and public opinions. This helps to better meet the demands of the masses and prevent the escalation of social conflicts. In 2010, China promulgated the People’s Mediation LawLaw νόμος:  Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis. Judiciary > Show me the face, and I will show you the law. Some people know how to bend the law rather than break it. Law Practice. Read a scholarly article. The mediation system meets the needs of economic and social development and has the advantages of simplicity, flexibility, universality, and autonomy. Continuously improving the mediation system in practice can better play its role in preventing the escalation of civil disputes and resolving social conflicts from the source.

To successfully resolve civil disputes, it is necessary to respect the wishes of the parties so that the process and results reflect social fairness and justiceJustice δικαιοσύνη > judicature ( δικαιοσύνη) > judge (δικαστής / κριτής). The whole purpose of Plato`s Republic is to search for Justice. The purpose of Justice is to establish a perfect State. The State of happiness (ευτυχία). The mediation system not only fully respects the wishes of the parties, but also reflects the requirements of social fairness and justice, and has unique advantages in resolving civil disputes. First, the parties voluntarily participate in dispute mediation and fully express their wishes. In the mediation process, the principles of fairness, justice and openness are implemented, and the parties are equal in status, are treated fairly in procedures, and opinions and demands are fully communicated and negotiated. With regard to the outcome of dispute resolution, the parties themselves consider their interests. If they accept it voluntarily in the end, it means that the parties believe that the mediation result is fair. In the new era, social interest relations are more complicated, and people’s yearning for a better life has become stronger. This requires continuous improvement and improvement of the mediation system to give full play to its important role in resolving social conflicts and disputes, especially in resolving civil disputes.

To establish and improve a preventive legal system, it is necessary not only to prevent the escalation of disputes, but also to prevent the occurrence of disputes. Legal systems such as the notarization system, legal advisor system, public lawyer system, and corporate lawyer system play an important role in preventing disputes. The main function of the notarization system is to enhance the powerPower The amount of energy transferred or converted per unit of time. In the International System of Units, the unit of it is the watt, equal to one joule per second. The capacity of energy infrastructure is rated using watts, which indicate its potential to supply or consume energy in a given period of time. A Power-plant rated at 100 MW has the potential to produce 100 MWh if it operates for one hour. of proofProof Mathematical proof, Direct proof, Proof by contraposition, Proof by contradiction, Proof by construction, Proof by exhaustion, Closed chain inference, Probabilistic proof, Combinatorial proof, Nonconstructive proof, Computer-assisted proofs.. Legal documentsDocument It means any matter expressed or described or otherwise recorded upon any substance by means of letters, figures or marks or any other means or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter and includes electronic and digital records. (Bharatiya Sakshya Adhiniyam 2023), legal acts and legal facts that have been notarized are generally higher than other evidenceEvidence All the means by which a matter of fact, the truth of which is submitted for investigation, is established or disproved. Bharatiya Sakshya (Second) Adhiniyam 2023 . Therefore, fixing evidence and determining rights and obligations through notarization plays an important role in preventing disputes in advance. For example, notarization of major asset restructuring and mergers and acquisitions, financial derivatives transactions, notarization of intellectual property protection, notarization of property rights protection, notarization of family asset management, etc., are of great significance to avoid related disputes. Legal counsel system, public lawyer system, corporate lawyer system, etc., by allowing lawyers to provide professional legal opinions, enhance the legality, rationality, and operability of relevant decision-making, identify and eliminate various legal risks in advance, and effectively avoid disputes afterward. In the process of comprehensively governing the country by law, we should identify the focus of system construction, actively respond to the new requirements and expectations of the people, and improve the ability of the rule of law to ensure that the people live and work in peacePeace εἰρήνη and contentment, so as to continuously enhance the people’s sense of happiness and security.

(The author is the Dean of Peking University Law SchoolSchool Σχολή > such as Σχολή Βυζαντινής Μουσικής)

Source: People’s Daily