Research On The Establishment Of Financial Dispute Mediation Mechanism In Tibet

Since the reform and opening up,China has gradually formed a litigation-oriented mode of dispute settlement.With the development of society in recent years,especially General Secretary Xi Jinping clearly proposed in the Central Conference the application of non-litigation mechanism to resolve disputes,insisting on resolving them at the source of contradictions,the way of financial dispute settlement has shifted from a one-yuan dominant situation of private judicial litigation to a diversified situation.With the continuous popularization of the legal concept at the grass-roots level in Tibet,the local people’s awareness of safeguarding their rights has been constantly enhanced,which puts forward practical needs for the establishment of diversified financial dispute mediation work.For Tibet,the establishment of a dispute mediation mechanism for financial institutions with ethnic characteristics is of great significance for further handling financial disputes in Tibet,promoting ethnic unity and progress,and maintaining long-term peace and stability and high-quality development in Tibet.This paper using the literature analysis,empirical research and case analysis,study in Tibet financial dispute mediation mechanism as the object,using the theory knowledge of litigation and the advantages and disadvantages of internal dispute settlement mechanism,draw lessons from the practical experience of mediation mechanism at home and abroad,summarizes the Tibet of the financial dispute mediation mechanism construction method.The article is divided into five chapters,and the specific contents are as follows: The first chapter is the introduction part,starting with the background and significance of the topic,the current situation of domestic and foreign research and research methods,and briefly introduces the feasibility of writing the financial dispute mediation mechanism in Tibet.The second chapter is to explain the overview of the financial dispute mediation mechanism,by comparing and analyzing the advantages and disadvantages of financial dispute resolution,the characteristics of financial dispute mediation mechanism are summarized.In the third chapter,we discuss the basic situation of the mediation of financial disputes in Tibet from the perspective of the regional situation and the public situation in Tibet,and analyze the mediation of financial disputes in Tibet combined with the local typical cases.Chapter four by analyzing the construction of financial dispute mediation mechanism in several representative countries,such as the non-litigation procedure in the United States and Germany;the British financial ombudsman system,understanding the experience of non-litigation mechanism in these countries,and refining the common ground of these systems,it is of great significance to the improvement of the financial dispute mediation mechanism in Tibet.In some more developed areas in China,we have made remarkable achievements in using non-litigation mechanism to solve conflicts,and have rich practical experience,such as Zhejiang’s "litigation source governance",whose successful experience is of reference significance for the improvement of the financial dispute mechanism in Tibet.Chapter 5 is the use of analysis method and comprehensive method,absorb foreign and other parts of the excellent experience and spirit,combined with the ninth institutional reform of the State Council in 2023,put forward a set of operation mode,implementation path,security,effect evaluation of financial dispute mediation mechanism: first,standardize the operation of the mediation mechanism,from the application to the whole mediation process to follow the principle of "subjective autonomy,objective program",in order to both justice,efficiency and effect.Secondly,establish perfect facilities and integrated financial dispute mediation site;strengthen the construction of mediation team and establish independent financial dispute mediation organization.Third,establish the supporting guarantee mechanism,mainly ensuring the establishment and implementation of the financial dispute mediation mechanism in Tibet from the three perspectives of judicial guarantee,institutional guarantee and social supervision.Fourth,establish a feedback mechanism to urge the effective operation of the financial dispute mediation mechanism.