[reprint] responsibility pushed on

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  • / Author: Aaron Lewis
Responsible for persistent forward
In 2013 seventh period: the Xuhui District judicial bureau Party committee of lawyers
[source: "Shanghai law"]

To further promote the innovation of social management is an important strategic deployment of the CPC Central Committee from the overall situation of reform development and stability, the National Lawyers Association also issued a special "on giving full play to advice lawyers working function social management and service innovation". Xuhui District Guangda lawyers members respond to the call, in the District Justice Bureau Party committee, lawyers under the leadership of party, give full play to the professional advantages, actively participate in social management and service innovation, and achieved fruitful results.

Scene one: Valve medical field ""
In 2011 June, Xuhui District in the city take the lead in the establishment of district doctor-patient dispute people's Mediation Work Committee Office and, through innovative mediation model, integration of professional strength, improve working mechanism, and achieved good social repercussions. The Political Bureau of the Central Committee, Shanghai municipal Party committee secretary Han Zheng, the Central Political Committee Working Group of the National Women's Federation Secretary of the Party group led by Song Xiuyan, the Minister of justice Wu Aiying and the Ministry of health, the municipal politics and Law Committee and other leaders in the research of Xuhui District medical adjustable work achievements fully affirmed.

Medical dispute mediation committee, one to the lawyer members as the main mediator of part-time staff. They face a number of characteristics of Xuhui medical institutions, large outpatient, patients with the field together, Difficult miscellaneous diseases, frequent major contradiction, pay attention to keep their own third party position, from the legal professional point of view, for patients with depth analysis of the case, FAQ, efforts in the mediation to avoid leaning to either side, do well. According to the characteristics of medical dispute, they conclude that "thirty-two words work method", namely "careful observation, is asking for patience, careful listening, detailed records, strict verification, comprehensive analysis, rational harmonic, properly resolved", based on clear facts of the dispute, called patient "respect for life science development, respect progress in medical technology, called the" right to health prescription "respect people, respect people's right to life", to guide the parties mutual understanding and mutual accommodation, to explore a comprehensive mutually acceptable solution, thus effectively soften the "stiff" relationship between doctors and patients, make some lasted longer difficult dispute solution.

As a Chinese American Party A for correctional tooth facial deformation, a private hospital in Xuhui District to American medical standard, a period of treatment costs $80000 in compensation and damages of $50000, the follow-up treatment costs of. As a statutory agent does not agree to do the technical appraisal of medical accidents and treatment, doctors can not reach an agreement, the suffering party threatened to solve the medical dispute and other extreme measures. District Justice Bureau discipline appoint committee member, Shen Hui partner of law firm Yu Chuanhong lawyers as a part-time mediator in the case, from a legal point of view as the patient analysis provided evidence of the effectiveness of the law of our country, the provisions of this problem and the judicial way to solve the dispute through the pros and cons, persuasion, finally reduce the patients psychological expectations, and hospital sign the people's mediation agreement and apply for judicial confirmation, spent 5 years to resolve medical disputes.

Lens two: commercial mediation "first person"
       Xujiahui District of Shanghai city deputy center, Shanghai international metropolis prosperity prosperous sign area. With the further development of Xujiahui District, various types of civil and commercial disputes more and more professional, court, arbitration institution of judicial resources are limited, unable to cope with the grassroots people's mediation organization existing. Shanghai city "striving for excellence, the pioneer action five take the lead" Communist -- attorney Zhang Jie has long been engaged in the third party mediation of volunteer work, he keenly aware, Xujiahui looks urgently calling for matching with the first-class city deputy center of dispute resolution system birth. The lead in the District Justice Bureau Party committee, Shanghai the first rule of mediation center and Xujiahui community justice he led the creation of the depth of cooperation, to build a new model of professional social organizations and the community mediation organizations "integrated development".

The first rule of mediation center is a specialized in mediation work, with the background of professional legal organizations, existing registered volunteers in 52, of which 28 were party members, including lawyers, professors, absorb the legal adviser, practicing enterprise senior engineer, physician, actuaries, CPA, CTA, counselor, a retired judge and other industry professionals. The mediation center through the acceptance of community mediation organizations transfer to more complex, professional strong case, the community mediation organization to make the mediation document of quality control, to carry out joint mediation, legal training for the mediator, in the integration of social resources, improve the efficiency of mediation effect is obvious.

       In addition, the mediation center to provide legal services for consumption of all types of enterprises and institutions, to play a "security, found, prevention, dissolve, guide" this "five in one" work efficiency. At the same time, also established a "mediation consulting" police linkage mechanism, Xujiahui district police will 110 police in the civil and commercial disputes to the mediation center for mediation, mediation center for police encountered in the case of support of civil and commercial legal problems. As of 2012 June, 9 of a multinational group of raw labor dispatch staff, because of overtime disputes many times to the company to intervene, and protest in Hongqiao on the pull up banners, be triggered at any moment group conflicts. The police commission, Zhang Jie lawyer mediators led intervention in the dispute mediation center in early stage, through visits and repeated mediation, eventually led to the two sides to reach an agreement, succeeded in preventing the group conflicts upgrading.

Lens three: correction "volunteers"
Xuhui District community corrections center established in August 31, 2012, highlights the "law enforcement, supervision, education and correction, hub platform" of four big functions, divided into "regulatory correction, correction, education of psychological correction" big three "clinic" functional area, arrange Xinhang workstation, education association and sowing love, love heart, broadcast sowing SIA love books, love sowing seedling supporting 4 projects at the same time in the studio.

Correctional Center in the community, active in a supernumerary social help and education volunteer team, one by the lawyer members consisting of professional services team. They wrote the lawyer help dynamic presentations, significance and practice timely publicity lawyer participating in social services, expand the influence of social help and education career in the legal profession, the mobilization of new power Everfount joined the volunteer team. They held a lawyer and volunteer forum, suggestions for the education career advice, the Law Committee and district linkage, development of information-based online education software and so on. They launched a volunteer Zuotang inquiry system, each pair Thursday arranged to have the lawyers to community corrections center, or hold a seminar legal knowledge, or to provide social services volunteers and released by saying. They entered the prison inmates, and signed a "protocol, understand life situation, their psychological trends, and provide legal advice.

The lawyer professional services team leader, the district attorney training base sixth training temporary Party branch secretary Kang Ye lawyers have represented the lawyer help group volunteers voice: "released and community correction offenders are a special group, they also need warmth, need legal support. To help them is not only beneficial to their personal, but also to the entire social peace. As a lawyer, as a member of the party, we must."

Scene four: the home of lawyers "master"
The Xuhui District Judicial Bureau with lawyers, changing the management idea, improve work methods, to explore the creation of the "lawyer" home base, insist on four afternoons a week activities, including the management service, promoting the management by service, focus on communication to build, firm cooperation and development, service enterprises, the exchange of experience and teach four platform, become the party and government and the bridge of communication between lawyers, lawyers and business window for mutual understanding, mutual exchange of lawyer and lawyer "club", the majority of the lawyer's affirmation and praise.

Since the "home of lawyers" built, lawyer members participate in the base of the building to the attitude of the masters, or an idea, find resources, or as a speaker, the judges, the guests comments. Some of them are senior counsel, some young people, some is the industry leader in the professional field, some have been as small, but will be in the busy schedule on Thursday afternoon, try various devices to set aside time for lawyers, the activities of the house do what little one can to help. As president of the municipal deputy Miu Linfeng lawyers willing to become green leaves, the young lawyer to simulate the presiding judge in the court. The ten Party Congress representative lawyer Ouyang Run to convey the ten Party Congress spirit to lawyers, the meeting. Municipal Intellectual Property Business Research Committee Director Fu Qiangguo counsel patent infringement case moot court guests commented, and the trial process are reviewed. Shanghai city outstanding civil lawyer Xu Weiqi to practice experience for many years, and the young lawyer talked about how to develop their own. The fourth outstanding young lawyer Liu Weisong and share growth comprehension, and about the tourism legal system construction and the role of lawyers. Deputy director of District Law Committee Yang Bo lawyer who has conducted a lawyer, standardized management, handling criminal cases should correctly handle the relationship between the three, the lawyer debate skills practice, etc.. Activists in the fourth outstanding female attorney Tan Fang is a lawyer's house, she served as the moderator salon, Party member how lawyers to fulfill the social responsibility of plate speaker, the marriage law judicial interpretation of the speaker to explain hot. The lawyer Pan Yuexin not only their own times Jun He lecture, also invited more than the outer scale partners and the famous media critics, professors of institutions of higher learning and network, real estate, financial executives in different areas of the talent to the lawyers do interactive communication, help Xuhui lawyers to open up horizons.

Of these, only Xuhui lawyer members participating in social management innovation in the torrent of several fragments. As China socialism legal workers, as a new resource of social management innovation, as the maintenance of social fairness and justice, an important force to promote the rule of law, our lawyer party members in Xuhui will continue on the way of social management innovation are courageous, persistent! ● (author: Cao Yanxian)