👉The table of contents so far is here.
Chapter 7: The System of Litigation Law
7.2. Civic justice system
Civic justice system refers to the area of justice system that aims to resolve disputes over civic law. Civil law is composed of citizenship law and property rights law. The latter property rights law portion contains content equivalent to civil law in capitalist societies, and serves as the legal standard for resolving disputes over rights and obligations between private individuals.
However, as has been mentioned many times, in a communist society without a monetary economy, disputes over money do not arise in the first place, so most disputes can be resolved through negotiations between private individuals.
However, disputes that cannot be resolved through negotiations need to be resolved publicly by the judiciary. Arbitration by the Equity Commissioner is prepared as a judicial procedure to publicly resolve such civic law disputes.
This is similar to the settlement under the current judicial system, but there is a major difference in that settlement is a means to avoid a definitive judgment, whereas with the Equity Commissioner's arbitration, all cases are resolved through arbitration, without any definitive judgment in the first place. In civic law disputes involving non-monetary disputes, arbitration is more appropriate than adjudication.
The arbitration procedure by the Equity Commissioner is initiated by the petition of one or all of the parties to the dispute, and the parties present evidence and present their respective arguments. In that sense, it has elements similar to a trial.
The Equity Commissioner examines the arguments of the parties and the evidence on which they are based, and presents an appropriate arbitration proposal from a neutral standpoint. The arbitration ends when all parties accept the proposal. As long as there is a party that does not accept the proposal, arbitration continues, and there may be several arbitration proposals.
The arbitration by the Equity Commissioner has final effect, and a final arbitration proposal cannot be overturned unless new evidence is found that would change the arbitration result. However, if new evidence is found that would change the arbitration result, re-arbitration may be conducted at the request of a party.
The provisions regarding the arbitration procedure by the Equity Commissioner are included in the civic law, and a separate law such as the civil procedure code is not enacted.
In contrast to the above, the citizenship law portion of the civic law has a strong public law character and concerns rights and obligations that are not likely to become the subject of disputes between private individuals, and is therefore not subject to the arbitration procedures of the Equity Commissioner. If a dispute does arise in this area, it will be subject to civil protection justice as a human rights relief case, which we will look at later.
👉The papers published on this blog are meant to expand upon my On Communism.
