How to judge price disputes?Suzhou's "nation's first" model is praised
Author:Watch Suzhou Time:2022.08.25
How much is the value of family real estate pricing?
How much should I pay for a foreign antique accidentally?
In the trial of the case, such compensation amounts often become the biggest controversial focus of the original defendant.
This year, the People's Court of Suzhou Industrial Park and the Suzhou City Price Accreditation Bureau upgraded the work mechanism of price disputes and linked work mechanisms, established the nation's first diversified resolution experimental base for price dispute types, and achieved pre -litigation, neutralization and complaints (execution) The full process covers the price of eight noodles such as household property and corporate assets for free, and solve the problem of dispute disputes in price disputes.
In the northeast corner of the first floor of the People's Court of Suzhou Industrial Park, there is a diversified resolution experimental base for price dispute types. This is divided into independent mediation offices, and disputes involving price disputes can be adjusted here.
The mediation team of the experimental base consists of three staff members of the court and 6 expert libraries of the price identification department. During the mediation process, the judge was responsible for the explanation of laws and regulations, and the price identification professional mediation personnel exerted professional advantages in the price field, provided professional opinions and suggestions for mediation price, and the two formed a complementary knowledge and promoted the efficient resolution of disputes.
Price database+iron foot board
To identify the price, the dispute must be resolved
Mr. Wang, who has been married for more than 20 years, and Ms. Chen charged for divorce due to emotional breakdown. With the division of the common property of the husband and wife, Mr. Wang believes that the real estate is worth 2 million yuan, while Ms. Chen believes that the value is only 1.8 million yuan. In this regard, when the two parties sue to the court, how this set of real estate is divided into the biggest dispute.
If the judicial appraisal procedures will consume a lot of time and economic costs, the undertaking judge will explain the situation to the two parties, and the two agree and recognize the case by price mediation experts to participate in the case and apply for price dispute mediation.
Zhou Weiyu, deputy director of the Suzhou City Price Accreditation Bureau, introduced to Suzhou reporters that after receiving the dispute mediation, he went to the scene to investigate with the undertaking judge to conduct a comprehensive understanding of real estate location and interior decoration of the house.
"Based on the analysis of data and transaction case analysis in combination with house prices, comprehensive areas and room types are calculated, and the final calculation price is 1.95 million yuan." Zhou Weiyu introduced.
After the price dispute mediation, both parties agreed that the mediation was 1,5600 yuan for judicial appraisal costs.
Compared with the price of reference, items without reference standards fully test the experience and mediation ability of the price identification professional mediation personnel.
In 2020, when Mr. Jiang purchased in an ancient exhibition hall in Li Gongdi, Suzhou Industrial Park, he accidentally smashed a gap in a French crystal wine bottle cap. According to the exhibition hall, this wine is a set, which was auctioned more than 100,000 yuan auction in Shanghai ten years ago. The two parties have made great controversy over the compensation amount. Later, the exhibition hall brought Mr. Jiang to the court.
With the consent of both parties, the Suzhou Industrial Park People's Court diverted the case to the mediation committee to mediate the case, encouraging and guiding the parties to resolve disputes through non -litigation methods.
Due to the high value of this wine and fragile products, the price identification professional mediation staff and the organizer rushed to the scene to investigate. process.
"Since this wine is not used by daily life, there is no reference price in the market. If it is difficult to take judicial identification, and the appraisal cost is high, it is difficult to resolve the contradiction between the two parties." Introduction to court judges Fei Meijuan.
In this regard, based on the previous mediation experience and the degree of damage to the wine, the price identification professional mediation personnel proposed a compensation plan of 8,000 yuan. In the end, the two parties accepted the plan and signed a settlement agreement. Jiang performed the compensation obligations to the exhibition hall on the spot.
"The identification of prices and the resolution of contradictions are complementary. This requires the judge and the price identification professional mediation personnel to conduct field surveys on the subject matter, fully grasp the demands of both parties, and propose a convincing solution from a professional perspective to effectively resolve it effectively Contradiction. "Zhou Weiyu said.
Zero cost, strengthen public welfare
Online mediation, reconcile the fastest day
The price disputes and complaints of price disputes and other price disputes and complaints of price disputes in the Suzhou Industrial Park People's Court and Suzhou City have been 5 years. Through the introduction of expert mediation, the problem of long and high appraisal costs for price disputes and high appraisal costs.
Today, the docking range of this mechanism has covered the entire process of pre -litigation, neutralization, and post -complaints, and does not charge any fees.
The scope of docking has also expanded from the initial pure price appraisal dispute to the common 8 types of price disputes. For example, the dispute between the buyers and the seller's financial price; the direct and indirect loss controversy caused by the house accident; the dispute between the assets, real estate, and the cost of engineering costs.
According to Fei Meijuan, in order to improve the resolution of contradictions, the People's Court of Suzhou Industrial Park has passed the "total" online mediation to push the price dispute case to the Suzhou City Price Certification Bureau.
The court liaison received the consent of all parties and pushed the case to the mediation officer of the identification bureau. Before the formal mediation, the mediation person can use the platform to record the papers online to understand the basic situation of the case.
During the remote mediation, the parties can express the mediation opinion through video voice, and the mediation officer will host the mediation online. After the mediation opinion was reached, the mediation offer made the mediation agreement online and confirmed to both parties through online feedback.
"Compared to the 3-6 months of litigation period, settlement can be achieved as soon as possible by mediation to resolve contradictions." Fei Meijuan introduced. Since the beginning of this year, the People's Court of Suzhou Industrial Park has commissioned a total of 581 cases of "total" cases for the price dispute mediation of the Suzhou City Price Accreditation Bureau, 573 mediation successfully, and the mediation success rate of more than 90%. The professionalism of professionalism saves a large number of judicial litigation costs and social costs.
"By covering the full process of the" online complaint and connecting "work mechanism, realizing price disputes from the pre -complaints, commissioned mediation, to the entire process chain of the development of mediation, reaching mediation agreement, and application judicial confirmation to allow the masses to participate in the participation The mediation work is 'zero -run legs' to comprehensively improve the quality and efficiency of dispute dispute mediation work. "Fei Meijuan introduced.
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