[Editor's Note] With the popularity of transportation, conflicts and disputes caused by traffic accidents have increased significantly. How to establish a "fast lane" to quickly resolve disputes in accordance with the law and improve people's satisfaction? In recent years, Shandong Dezhou, located in , northwest Shandong, has actively explored the working mechanism of "online and offline synchronization, and collaboration inside and outside the door", and has explored a new "three-zone integration" path combining local reality. It has achieved a lot of results and is worth learning from.
In recent years, the number of road traffic accident disputes has been increasing year by year. The traditional way of handling road traffic disputes has disadvantages such as information asymmetry, data sharing, and inconsistent standards. Multiple departments have identified, repeated appraisals, and long litigation have exhausted the parties. The people urgently need to establish a "fast lane" to quickly resolve disputes and obtain compensation in accordance with the law.
In the face of the voices and needs of the masses, the Dezhou Intermediate People's Court adheres to the people-centered approach, adheres to the construction concept of "online and offline synchronization, and coordination inside and outside the door". It innovatively establishes the "Dezhou Court Road Traffic Integrated Litigation and Mediation Center" in the development zone courts, and "localized" the reform of road traffic integration, and promotes the rapid intervention of public security traffic police, people's mediation , insurance institutions, arbitration mediation, judicial mediation and other forces in rapid intervention, coordinated mediation, and take the lead in the province to adopt the "three-zone-in-one" model, accept all road traffic dispute judicial confirmation cases in the main urban area of Dezhou City ( Decheng District , Economic and Technological Development Zone Canal Development Zone), realize the full process, sunshine and convenient handling of conflicts and disputes, and create the "Fengqiao Experience" Dezhou version in the new era. Since the center was launched, a total of 1,221 civil cases of various road traffic accidents and 38 criminal cases such as dangerous driving were concluded, including 335 judicially confirmed cases, and the civil case mediation and withdrawal rate reached 81.25%.
Judge Wang Chunhong and the Exchange Commission jointly mediate the case.
online sharing platform offline departments have been stationed in
to achieve dispute handling and synchronous operation of online and offline
"I didn't expect that the road traffic dispute was resolved through the Internet and mobile phones, and it has been through traffic police mediation and joint mediation before the lawsuit. It's really short and efficient! What I didn't expect was that my accident happened in Decheng District, and I could actually apply for judicial confirmation from the Dezhou Court Road Traffic Litigation and Investigation Center through the platform." The party Ding said excitedly holding the " Mediation Agreement " in his hand.
Ding told reporters that the three-wheeled electric vehicle he drove collided with the small van driven by Liu. He first mediated at the traffic police case handling center. He filed a lawsuit in court due to the 5,000 yuan gap and the determination standard for the liability ratio. Finally, the full-time people's mediator in the litigation and mediation center and the insurance industry mediator explained that the judgment standards were unified, and through the "damage compensation calculator", he and the other party quickly reached an agreement.
: What satisfied the party Ding was the simultaneous operation and handling of online and offline Dezhou Court Road Traffic Disputes.
It is understood that after the accident, the parties only need to log in to the "Integrated Online Data Processing Platform for Road Traffic Accident Disputes", enter key information and upload evidence, and then the mobile phone can initiate mediation, appraisal, claims, judicial confirmation and other applications, which can be fully processed online. Through the platform, you can choose a variety of mediation methods such as self-mediation, traffic police mediation, people's mediation, insurance mediation, arbitration mediation, and judicial mediation. Before the people's court's judgment results are made, the parties can initiate a mediation mechanism at any link, realizing the entry of multiple links of mediation. At the same time, in order to improve litigation efficiency and explore a pre-appraisal mechanism, the appraisal mechanism can be initiated on the basis of voluntary between the two parties during the traffic police handling stage, and the appraisal opinions are effective throughout the process to avoid delays in litigation caused by repeated appraisals.
"Online road traffic dispute online data processing platform, including compensation trial calculation, multi-mediation, online appraisal, online litigation, one-click claim settlement, etc., it is shared with traffic police, insurance, people's mediation, arbitration and other departments involved in accident handling, and information sharing. The parties can log in through a window to conduct online inquiries and handle business related to damage compensation mediation; offline, with the traffic police case handling center, judicial mediation appraisal center, insurance claim settlement center, and vehicle dismantling and verification center, form the "Dezhou Road Traffic Accident Integrated Comprehensive Service Center", which is integrated and operates in one stop, achieving "going into one door and everything is completed." Judge Wang Chunhong of Dezhou Development Zone told reporters.
In the face of the reporter's interview, Liu Quanyi, deputy chief clerk of the accident handling brigade of the Traffic Police Detachment of the Dezhou Municipal Public Security Bureau, said that there are about 4,000 road traffic accidents in Dezhou every year. In the past, the office locations of relevant departments were not concentrated and it was difficult to deal with quickly on the spot. The masses needed to run errands between multiple departments, which was time-consuming and labor-intensive. They required the public security organs to cover the traffic accident from investigation to compensation, which put the accident police in an embarrassing situation of being both "athletes" and "referees". Now the court has launched an online processing platform, and relevant offline departments work in a centralized manner. Online and offline case handling are seamless links, which not only provides convenience for the parties, but also allows various departments to effectively improve work efficiency.
"In early June this year, the Dezhou Municipal People's Mediation Committee for Road Accident Disputes (hereinafter referred to as the Communications Commission) officially settled in the center. The full-time mediators of the Communications Commission are all rehired and retired judges, prosecutors, and police officers handling cases, and have rich experience in handling cases. Almost every dispute has been applied for the same day for mediation on the same day." Li Chunhua, director of the Communications Commission, said.
staff guide the parties to use the self-service query machine.
Establish a joint meeting unified compensation standard
realizes smooth and orderly cooperation between co-located departments
"I really didn't expect our dispute to be resolved so quickly. This joint office model of related units is too convenient, especially the function of the 'damage compensation calculator' is very powerful, and no matter which link is handled, the standards are the same. Who doesn't want to understand the dispute as soon as possible?" said Wang, the person involved.
It turned out that on June 4, 2019, Xiang had a scratch and collided with the electric two-wheeler that Wang had driven without a license, causing Wang to injured his left eyelid. On June 11, both parties jointly applied to the Center for mediation by the Communications Commission. After the mediator explained the working mode of the Center, the two parties immediately reached a mediation agreement.
"The work of 'Dao and Communication Integration' is a relatively complex comprehensive work. It not only needs to rely on big data and smart court construction to build an online integrated processing platform for DAO and Communication Disputes, but also strive to coordinate all the subjects of public security traffic police, judicial administration, insurance supervision, etc. to carry out this work. In the past, the compensation standards were not unified, and it was very troublesome to calculate. Many 'scalpers' who protect their rights on behalf of others made money, but the people spent a lot of money, but they were "empty in the bamboo basket." Wang Chunhong said.
Faced with this situation, the Political and Legal Affairs Committee of the Dezhou Municipal Party Committee took the lead in relevant departments to jointly issue the "Dezhou Municipal Road Traffic Accident Integrated Comprehensive Service Center Work Joint Conference System", clarifying the division of responsibilities of various functional departments, improving organizational leadership, and improving service processes to ensure that the road and traffic integration work platform is operated in an orderly and efficient manner.
In order to solve the problem of different compensation calculation standards in various links such as traffic police, courts, and insurance, the Municipal Intermediate People's Court, in conjunction with traffic police, insurance and other relevant departments, formulated the "Dezhou Road Traffic Accident Damage Compensation Project Calculation Standards (Trial)" on the basis of extensive soliciting opinions, and developed a "Damage Compensation Calculator" based on this standard, clarifying that the applicable evidence standards for the same case are the same, and strives to unify the entire process of the judgment standards, so as to achieve the consistent standard of accident handling services, and avoid different expectations caused by different standards in different links.
facilitates online courts for foreign parties. The functions inside the door are integrated and diversified mediated outside the door to achieve high-quality and efficient resolution of road traffic disputes
Not long ago, Zhu drove a small car and collided with an ordinary motorcycle driven by Guan, causing Guan to be injured and causing level 10 disability.The small car driven by Zhu was insured with compulsory traffic insurance by the insurance company, and the accident occurred during the insurance period. After the
accident, Guan's family applied for mediation and uploaded materials through the integrated online data processing platform for Daojie Dispute, and used the platform's "payment trial calculation" function to calculate the loss compensation. The reference amount given by the system was about 141,000 yuan, which was a big gap with Guan's compensation expectations. It was not resolved in the insurance mediation process, and then the lawsuit was initiated through the platform. At the Dezhou Court Road Integrated Litigation and Investigation Center, Guan Mou conducted a "payment trial" through the query machine and inquired about the handling results of similar cases. Finally, the mediation plan was accepted by the insurance company to compensate Guan Mou 143,000 yuan and Zhu Mou 800 yuan.
Wang Chunhong introduced that many parties have no idea when they encounter traffic accidents. In order to truly facilitate the parties, we have set up a "self-service query all-in-one machine" to seamlessly connect with the online data integrated processing platform, providing similar case guidance and laws and regulations and references to the petition. The parties can use their ID cards to check the progress of the case involved, so that the parties can effectively protect their legitimate rights and interests without having to find a lawyer.
Li Xiuzheng, member of the Party Leadership Group, Vice President, and Secretary of the Party Leadership Group of Dezhou Intermediate People's Court, told reporters that the Economic and Technological Development Zone Court has always adhered to the people-centered development concept, conscientiously implemented the reform concept of "handled well in one place", and highly integrated the functions of the Dezhou Court's integrated road traffic litigation and mediation center. It adopts the "three-zone-in-one" model to accept judicial confirmation cases of road traffic accident disputes in Decheng District, Canal Development Zone, and Economic and Technological Development Zone in Dezhou City; it adopts the "three-zone-in-one" model to hear criminal cases, civil cases, and administrative cases related to road traffic accident disputes, and creates an intensive and professional case mediation center, achieving good results.
(People's Daily)
