What is a civil dispute includes what

In real life, many times natural people have relationships with each other, often the two sides talk unfavorable situation will produce the corresponding disputes

Civil disputes, also known as civil disputes, is a kind of legal disputes and social disputes. The so-called civil disputes, refers to the occurrence between equal subjects, to the content of civil rights and obligations of social disputes (disposable). Civil disputes, as a kind of legal disputes, are generally caused by the violation of civil legal norms.

The civil subject violates the norms of civil law obligations and infringes on the civil rights of others, which gives rise to civil disputes with civil rights and obligations as content. In general, civil disputes is the sum of legal norms to deal with personal and property relations between equal subjects, so all violations of this concept will cause civil disputes.

Currently, the people's courts accept the following twelve categories of civil disputes: the first category is marriage and family disputes. Including divorce, property disputes of divorce, property disputes arising from love affairs, fostering disputes, alimony disputes, maintenance disputes, dissolution of adoption disputes, dissolution of cohabitation (both or one of the parties at the time of filing the suit had not reached the legal age of marriage or did not meet other conditions for marriage) disputes, property settlement disputes, division disputes, indemnification, subsidies, insurance disputes. The second category is housing disputes. Including housing disputes, house purchase and sale disputes, disputes over the right to use the house, disputes over the lease of the house, disputes over the escrow of the house, disputes over the redemption of the house, disputes over the demolition and relocation of the house, disputes over the exchange of the house, disputes over the withdrawal from the occupation of the public housing, disputes over the demolition of the unauthorized building, disputes over the attachment of the house (fixation) and so on. The third category is inheritance disputes. Including inheritance disputes, bequest maintenance agreement disputes, bequest disputes, share inheritance disputes, confirm the loss of inheritance disputes. The fourth category is debt disputes. Including lending disputes, sale disputes, mortgage disputes, contract processing (individual and individual) disputes, purchasing and selling (individual and individual) disputes, delinquent loan disputes, recovery of labor compensation disputes, recovery of unjustified gains disputes, recovery of deposit disputes, causeless management claims disputes, accounting disputes, and so on. The fifth category is personal and property disputes. Including personal injury compensation disputes, property damage compensation disputes, recovery of property disputes, liquidated damages disputes, demand for the elimination of dangerous disputes, restoration of the original state of the property disputes, removal of obstruction disputes, disputes over medical malpractice and so on. The sixth category is land disputes. Including disputes over the right to use the residential base, disputes over the boundary of the residential base, disputes over the attachment (fixation) of the residential base. Infringement of land use right disputes. The seventh category is neighboring relationship disputes. Including light disputes, ventilation disputes, access disputes, drainage disputes, queuing bamboo and wood nuisance disputes, noise disputes. The eighth category is other property rights disputes. Including forest disputes, water disputes, woods, bamboo garden property disputes, property rights disputes. The ninth category is personal rights disputes. Including infringement of the right to name (name right), infringement of the right to portrait, infringement of the right to reputation, infringement of the right to honor and other disputes. The tenth category is intellectual property disputes. Including copyright disputes, disputes over discovery rights, disputes over invention rights and so on. The eleventh category is the subject matter to which special procedures are applicable. It includes voter eligibility, declaration of death, declaration of disappearance, revocation of declaration of death, revocation of declaration of disappearance, determination of citizens' incapacity for civil behavior, determination of citizens' restricted capacity for civil behavior, recognition of unclaimed property, disobedience to the appointment of guardianship, revocation of guardianship, and so on. The twelfth category is other disputes or causes that cannot be included in the above eleven categories.

Analysis of the advantages and disadvantages of several civil disputes

(a) civil litigation

Huaru.com

Civil litigation refers to the court, the parties and other litigants, in the process of hearing civil cases in a variety of litigation activities as well as a variety of litigation relations arising from these activities. From this concept reflects two elements: one is the litigation activities; the second is the resulting litigation relations. And then reflects the solution of civil disputes through litigation its own advantages and disadvantages:

1. Advantages of civil litigation

One is objectivity. It is based on the court on behalf of the state as the main body of the dispute as a civil litigation activities, to ensure the objectivity of the settlement process and results, the process and results are not subject to the interference of the parties, compared to the other dispute settlement methods to play an important role in influencing some of the traditional customs, concepts, and other factors, the litigation process and the results of the interference to a minimum.

The second is fairness. Due to the litigation activities in strict accordance with the civil procedure law and other relevant legal system for the trial of cases, the pursuit of procedural fairness, to ensure the orderly and fair resolution of disputes, while other ways in this point is slightly inadequate.

Third is mandatory. State coercive force in the litigation process and results have been fully embodied, in the litigation process, the court has the right to obstruct the order of the litigation actors to take coercive measures, in the parties do not fulfill the judgment can even be taken in accordance with the law, such as compulsory execution measures. This has become the main reason why the parties preferred litigation to resolve disputes.

2. Inadequacies of Civil Litigation

One is high cost. From the state level, the whole process of litigation to the final implementation of the results, the state has to invest a lot of human and financial resources, from the party level, regardless of the outcome of the dispute, the parties have to spend a lot of energy and financial resources.

The second is time-consuming. Strict procedures to ensure justice, but at the same time, because of its cumbersome and rigid, too many links, and even due to the current excessive number of cases at all levels of the court caused by the "backlog" and so on, consumes a lot of time, resulting in inefficient litigation.

Third, the result is legal but not necessarily reasonable. Legal provisions to ensure the legitimacy of the process and results but did not take into account other subjective and objective factors, it is easy to result in legal but unreasonable results, the parties to the litigation results from the heart is difficult to accept, resulting in the litigation of distrust.

Fourth, local protectionism is obvious. Local courts to maintain local economic interests, often through the way to play ball, try to make a judgment in favor of local parties, can not be truly objective and fair.

(II) Arbitration

Arbitration is a way of resolving disputes in which the parties to a dispute reach an agreement on a voluntary basis to submit the dispute to a non-judicial third party for hearing, and the third party makes an award that is binding on all parties to the dispute. The prerequisites for arbitration are that the parties have an agreement and that the matters submitted to arbitration are matters permitted by law to be arbitrated. Compared with other ways to resolve civil disputes, arbitration also has its own advantages and disadvantages:

1. The parties in the arbitration process, can freely and fully reflect their own will, on the basis of mutual consensus. Arbitral awards in principle can be made in accordance with the intention of the parties. This feature of arbitration, it is easy for the parties to be more convinced of the results of the award, from the heart will not produce resistance.

The second is flexibility. In the procedure is not as strict as litigation, many aspects can be simplified.

Third, a final award. Arbitral awards are enforceable, if one party does not fulfill the award, the other party can apply to the people's court for enforcement.

Fourth, arbitrators have a certain degree of specialization. Generally have professional knowledge related to the case in question, which is significantly different from other civil disputes in the way of the people concerned, which makes the arbitration in the settlement of civil disputes involving strong professional knowledge has obvious advantages.

Fifthly, it is conducive to the protection of commercial secrets of the parties. The hearing of the case and the results of the award is in principle not open to the public, which is also one of the significant difference between arbitration and litigation.

2. The shortcomings of arbitration

One of the parties to determine the choice of arbitrators, although the parties to reflect the wishes of the parties, but at the same time also for the arbitration results of the unfairness of the hidden dangers, especially in the case of the relevant laws are not yet very sound, the artificial domination of the situation is too obvious.

The second is that arbitration emphasizes the final arbitration, compared with the litigation, reflecting its high efficiency, rapid characteristics, but once the ruling error is very difficult to be corrected.

Third, the arbitration institution is independent of the administrative organs, at the same time, there is no affiliation between the arbitration institution, so that the arbitration institution in the conduct of arbitration, specifically that is, the arbitrator in the process of arbitration, excessive power and freedom, there is no effective constraints and restrictions.

Fourth, the scope of acceptance relative to litigation received considerable restrictions, not all civil disputes can choose to arbitrate to be resolved.

(C) mediation

Mediation is divided into two kinds, one is in the process of civil litigation in the people's court under the auspices of the trial staff, the two parties to civil disputes through voluntary negotiation, agreement on the activities of the other is the people's mediation. It refers to the mediation activities under the auspices of the people's mediation committee.

1. Advantages of mediation

One is that the mediation process is more flexible and simpler. This determines that it does not have to strictly follow the procedures set out in the procedural law. In mediation, you can notify the parties at any time through a variety of ways, mediation occasions, the number of mediation, mediation, etc. are not limited. These compared to litigation dispute resolution more flexible.

The second is conducive to saving judicial and social resources. Mediation without appeal, complaint, retrial, many possible links, program.

Third, the dispute is more thorough. The parties can be in the mediation process will be involved in the dispute at any time all the requests, at the same time to deal with, all these ways to reduce the occurrence of new disputes and litigation.

I hope the above content is helpful to you, if there are still questions can consult a professional lawyer.

Legal basis: "the Chinese people's *** and national civil procedure law" article 2, the Chinese people's *** and national civil procedure law's task is to protect the parties to the exercise of litigation rights, to ensure that the people's court to ascertain the facts, right and wrong, the correct application of the law, the timely hearing of civil cases, to confirm the relationship between the civil rights and obligations, sanctioning the civil violation of the law, to protect the legitimate rights and interests of the parties to educate the citizens to consciously abide by the law, and maintain social order. To educate citizens to consciously abide by the law, to maintain social and economic order, and to ensure the smooth progress of the socialist construction project.

Article 3 of the Civil Procedure Law, the scope of application of the people's courts to accept the civil litigation between citizens, legal persons, other organizations, and between them due to property relations and personal relations, the provisions of this Law shall apply.