4月27日下午,北外灘金融糾紛多元化解“一點一室”揭牌暨車險損失核定互認解紛機制簽約活動在虹口法院舉行,積極踐行新時代“楓橋經驗”,推動完善矛盾糾紛源頭預防、多元化解機制,助力構建基層社會治理新格局。
On the afternoon of April 27th, the unveiling ceremony for the "One Point, One Room" mechanism for diversified resolution of financial disputes in North Bund, along with the signing of the motor vehicle insurance loss assessment mutual recognition and dispute resolution mechanism, was held at the Hongkou Court. This initiative actively implements the "Fengqiao Experience" of the new era, promoting the improvement of the source prevention and diversified resolution mechanisms for conflicts and disputes, thereby assisting in the construction of a new framework for grassroots social governance.
“北外灘金融糾紛調解指導點”“北外灘金融審判工作室”揭牌。其中,“北外灘金融糾紛調解指導點”的工作機制是以上海市銀行業保險業調解中心(以下簡稱銀保調中心)在北外灘集聚帶設立的調解工作分站為基礎,虹口區人民法院設立調解指導點,做實“點對點”式指導調解職能,更好地就地化解金融糾紛、靠前防范金融風險。特別是推動更多保險糾紛先行調解,打造保險行業糾紛化解精準“靶向服務”。而“北外灘金融審判工作室”在北外灘綜治中心內設立,是進一步完善“訴訟服務入駐綜治中心全覆蓋、社區巡回審理全覆蓋”的重要舉措,通過咨詢答疑、巡回審判、普法講座等各類形式為群眾提供精準法治服務,以鮮活的案例向群眾傳遞法律理念和知識,培育和增強人民群眾的法治意識。
The unveiling of the "North Bund Financial Dispute Mediation Guidance Center" and the "North Bund Financial Adjudication Studio" has taken place. Specifically, the operational mechanism of the "North Bund Financial Dispute Mediation Guidance Center" is based on a mediation sub-station established by the Shanghai Banking and Insurance Mediation Center (hereinafter referred to as the "Banking and Insurance Mediation Center") within the North Bund cluster. The Hongkou District People's Court has established a mediation guidance point to implement the "point-to-point" guidance and mediation function, thereby facilitating the localized resolution of financial disputes and proactively preventing financial risks. A particular emphasis is placed on promoting the preliminary mediation of more insurance disputes, thereby establishing precise "targeted services" for resolving disputes within the insurance sector. Furthermore, the establishment of the "North Bund Financial Adjudication Studio" within the North Bund Comprehensive Governance Center represents a significant measure to enhance the "full coverage of litigation services within the Comprehensive Governance Center and community circuit trials." Through various forms such as consultation and answering questions, circuit trials, and legal education lectures, the studio provides precise legal services to the public. It conveys legal concepts and knowledge through vivid case studies, thereby cultivating and strengthening the public's awareness of the rule of law.
北外灘金融糾紛多元化解“一點一室”的設立,旨在推進司法服務與基層治理有機融合,充分發揮司法在矛盾糾紛多元化解機制的引領、推進和保障作用,助力服務區域經濟社會發展。
The establishment of the "One Point, One Office" mechanism for the diversified resolution of financial disputes in North Bund is designed to promote the organic integration of judicial services and grassroots governance. It aims to fully leverage the leading, promoting, and safeguarding roles of the judiciary in the diversified resolution of conflicts and disputes, thereby contributing to the service of regional economic and social development.
近年來,因道路交通事故引發的保險責任糾紛案件一直高位運行,在金融案件收案類型中位于前列。虹口法院結合區位特點,圍繞區域涉機動車輛保險追償權糾紛中多發易發問題開展專題司法統計分析。在上海市高級人民法院支持下,虹口法院與上海市保險同業公會、銀保調中心共商開展機動車保險糾紛多元化解工作,創新試點車險損失核定互認解紛機制。現場舉行車險損失核定互認解紛機制簽約儀式。
In recent years, insurance liability disputes arising from traffic accidents have consistently remained at a high level, ranking among the top types of financial cases received. The Hongkou District People's Court, considering its jurisdictional characteristics, has conducted a special judicial statistical analysis focusing on frequently occurring issues in disputes concerning the right of recourse for motor vehicle insurance within the district. With the support of the Shanghai High People's Court, the Hongkou Court, in collaboration with the Shanghai Insurance Association and the Banking and Insurance Mediation Center, has jointly discussed the implementation of diversified resolution mechanisms for motor vehicle insurance disputes, and has innovatively piloted a mechanism for mutual recognition and resolution of motor vehicle insurance loss assessments. A signing ceremony for the motor vehicle insurance loss assessment mutual recognition and dispute resolution mechanism was held on-site.
作為上海市保險業頭部企業,中國平安財產保險股份有限公司上海分公司、中國太平洋財產保險股份有限公司上海分公司積極履行金融機構主體責任,對車險損失核定互認解紛機制先行先試,就上海地區承保的機動車商業保險代位求償理賠爭議調解工作簽署《車險損失核定互認解紛合作備忘錄》。兩家保險公司先行概括承諾認可機動車交通事故引發的糾紛中對方保險公司經核損流程后正式作出的車輛損失定損金額(2萬元及以下)和法院委托評估的(10萬元及以下)車輛損失核定結果。
As leading entities within Shanghai's insurance sector, the Shanghai branches of Ping An Property & Casualty Insurance Company of China, Ltd. and China Pacific Property Insurance Co., Ltd. are proactively fulfilling their primary responsibilities as financial institutions. They have initiated a pilot program for the mutual recognition and resolution of disputes concerning motor vehicle insurance loss assessments. Specifically, they have executed a "Memorandum of Understanding on Cooperation for the Mutual Recognition and Resolution of Disputes Regarding Motor Vehicle Insurance Loss Assessments" concerning the subrogation claims and dispute resolution for commercial motor vehicle insurance underwritten in Shanghai. Both insurance companies have preliminarily agreed to recognize the vehicle damage assessment amounts (up to 20,000 RMB) formally determined by the other party's insurance company following their loss assessment procedures, as well as the vehicle damage assessment results (up to 100,000 RMB) from evaluations commissioned by the courts, in disputes arising from motor vehicle accidents.
車險損失核定互認解紛機制常態化運行下,依托于北外灘金融糾紛調解指導點,銀保調中心首先掌握保險公司提交的各類車輛損失保險糾紛,按照矛盾提出方、糾紛的法律關系等進行過濾分流,首先化解大量爭議于初期,有效提高先行調解化解糾紛的成功率。對于車輛維修金額產生較大爭議的,由虹口法院參與調解進行法律指導,必要時委托司法評估鑒定機構進行評估鑒定與訴訟程序做好銜接,促進后續保險人代位追償糾紛高效化解,切實推動法治力量向引導和疏導端用力。
Under the normalized operation of the vehicle insurance loss assessment mutual recognition and dispute resolution mechanism, and relying on the North Bund Financial Dispute Mediation Guidance Point, the Banking and Insurance Mediation Center initially manages various vehicle loss insurance disputes submitted by insurance companies. These disputes are filtered and diverted based on the party raising the dispute and the legal relationship involved. This approach primarily resolves a large number of disputes at an early stage, effectively increasing the success rate of preliminary mediation and dispute resolution. For cases where there are significant disputes over vehicle repair costs, the Hongkou Court participates in mediation to provide legal guidance. When necessary, judicial evaluation and appraisal institutions are commissioned to conduct evaluations and appraisals, and the procedures are coordinated with litigation processes. This facilitates the efficient resolution of subsequent subrogation disputes by insurers, effectively promoting the application of the rule of law towards guidance and resolution.
接下來,虹口法院將繼續以聚焦建章立制、形成制度保障為根基,以凝聚社會力量、實現多元協作為核心,以優化流程管理、確保高效運轉為助力,以強化技術支撐為保障的金融糾紛化解多元協作體系,打造具有鮮明實踐特色、時代特色的“虹口方案”。
Subsequently, the Hongkou District People's Court will persist in establishing a robust institutional framework to provide foundational support. It will center on consolidating societal resources and achieving multifaceted collaboration. Furthermore, it will leverage optimized procedural management to ensure efficient operation, and strengthen technological support to safeguard the diversified collaborative system for resolving financial disputes. This approach aims to formulate the "Hongkou Plan," characterized by distinct practical and contemporary features.
國家金融監督管理總局上海監管局黨委委員、副局長曹光群,區委常委、政法委書記宣一洲,虹口法院黨組書記、代理院長葉偉為出席活動。
The event was attended by the following officials: Cao Guangqun, Party Committee Member and Deputy Director of the Shanghai Bureau of the National Financial Regulatory Administration; Xuan Yizhou, Standing Committee Member of the District Committee and Secretary of the Political and Legal Affairs Commission; and Ye Wei, Party Group Secretary and Acting President of the Hongkou District People's Court.
來源:北外灘國際法律服務港
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