CN111667228A - Civil-commercial dispute resolution system and method - Google Patents
Civil-commercial dispute resolution system and method Download PDFInfo
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Abstract
The invention discloses a civil and commercial dispute resolution system and a method, which comprise a client and a server, wherein the client comprises an application module and a circulation module, the server comprises a mediation module and a sanction module, and the mediation module comprises an acquisition module, a data request module, a data processing module and a certificate issuing module; the acquisition module is used for acquiring and auditing the creditor-debt relationship data of the civil and commercial disputes uploaded by the application module and transferring the data to the data request module; the data request module is used for sending a credit and debt relationship data request of disputes of the merchants to the data processing module; the data processing module is used for acquiring and processing the creditor and debt relationship data request sent by the data request module and issuing a mediation protocol; the mediation organization (complaint and mediation) established by people's court and law is taken as a platform to comprehensively solve the disputes of people's business and affairs.
Description
Technical Field
The invention relates to the field of application of diversified solutions to social contradiction disputes, in particular to a civil-commercial dispute resolution system and a civil-commercial dispute resolution method.
Background
At present, in order to promote the law-based treatment of multiple levels and multiple fields in the whole society, the promotion and guarantee effects of people's courts in the construction of diversified dispute resolution mechanisms are fully exerted, the requirement of multiple judicial works of people is met, various disputes are effectively resolved, the disputes of the courts in various places are established to a pre-complaint mediation and docking center (called complaint and docking for short), and the system has various functions of complaint and docking, shunting cases, mediation before complaint, judicial confirmation and the like, and relieves the contradiction of few people in the court cases to a certain extent. Therefore, how to effectively improve the mediation efficiency, relieve the trial pressure, reduce the complaints and tiredness of the masses, really make a large number of cases to have complaints and cases through mediation and determination, and is a problem to be solved urgently for the people's court and mediation organization.
Disclosure of Invention
Based on the technical problems existing in the background technology, the invention provides a dispute resolving system and a dispute resolving method for citizens, and by means of the dispute resolving system and the dispute resolving method, all participants can be helped to realize creditor activity and debtor resolving by means of mechanisms such as a debt chain, closed-loop compensation (cancellation), reduction and the like in the transfer process of creditor vouchers (contracts), diversified dispute disputes of the citizens are resolved, litigation is reduced, and social harmony and stability are maintained.
The invention provides a civil-commercial dispute resolution system which comprises a client and a server, wherein the client comprises an application module and a circulation module, the server comprises a mediation module and a judgment module, and the mediation module comprises an acquisition module, a data request module, a data processing module, a data storage module and a certificate issuing module;
the acquisition module is used for acquiring and auditing the creditor-debt relationship data of the civil and commercial disputes uploaded by the application module and transferring the data to the data request module;
the data request module is used for sending a credit and debt relationship data request of disputes of the merchants to the data processing module;
the data processing module is used for acquiring and processing the creditor and debt relationship data request sent by the data request module, issuing a mediation protocol and transferring the mediation protocol to the mediation module;
the data storage module is used for storing the creditor and debt relationship data uploaded by the acquisition module and the mediation protocol issued by the data processing module;
the judging module is used for acquiring and auditing the mediation protocol issued by the data processing module, issuing a civil judgment book for confirming the effectiveness of the mediation protocol and transferring the civil judgment book to the voucher issuing module;
and the certificate issuing module is used for acquiring and auditing the civil official book for confirming the effectiveness of the adjustment agreement, issued the creditor certificate (contract), entered into the transfer module and transferred the creditor certificate (contract) to resolve disputes of the civil merchants.
Further, the client comprises an initial debt end, a debt end and at least one debt and right accepting end;
the creditor terminal is used for acquiring the creditor of the initial creditor terminal and applying for opening a creditor certificate (contract) through an application module;
the creditor acquirer is used for receiving the creditor certificate (contract) which is transferred by the creditor acquirer through the transfer module.
Further, the circulation module comprises a credit and debt cancellation unit and a debt ring cancellation unit;
the credit and debt cancellation unit is used for forming unidirectional credit chain cancellation between the initial credit end and the final credit accepting end;
and the debt ring offset unit is used for forming the debt chain offset between the initial debt end and the final debt transferee end, and the debt chain also comprises a debt chain between one debt transferee end and the other debt transferee end or a debt chain between one debt transferee end and the initial debt end.
Further, the server also comprises a credit account module; the creditor account module is used for acquiring the funds obtained by the transfer of the creditor certificate (contract) of the client through the transfer module so as to resolve disputes of the citizens and the merchants.
Furthermore, the server also comprises a guarantee module; and the guarantee module is used for providing a joint compensation guarantee when the creditor certificate (contract) is transferred.
A civil-commercial dispute resolution method comprises the following steps:
acquiring and checking the creditor and debt relationship data of the civil and commercial disputes uploaded by the client, and issuing a mediation agreement;
acquiring and auditing the mediation protocol, and issuing a civil referee book for confirming the effectiveness of the mediation protocol;
acquiring and auditing the civil referee book for confirming the effectiveness of the mediation agreement, and issuing a creditor certificate (contract);
and (4) the creditor certificate (contract) is circulated so as to resolve disputes of people and business affairs.
Further, the client comprises an initial debt end, a debt end and at least one debt accepting end, and the client further comprises a circulation module, wherein the circulation module comprises a debt and debt offsetting unit and a debt loop offsetting unit.
Further, when the transfer of the creditor certificate (contract) is performed, the method includes:
the credit right end obtains the credit right of the initial credit right end and transfers the credit right to the credit right accepting end to form a one-way credit chain;
the creditor end and the rest of the creditor and the remaining creditor and the other ends except the final transferee end undertake related responsibility on the unidirectional debt chain;
and unidirectional debt chain cancellation controlled by the debt and debt cancellation unit is formed between the initial debt end and the final debt and transfered end so as to resolve disputes of the citizens and the merchants.
Further, when the transfer of the creditor certificate (contract) is performed, the method includes:
the credit terminal acquires the credit of the initial credit terminal and transfers the credit to the credit accepting terminal to form a credit chain;
on the debt chain, one of the former debt right acquirer acquires the debt right of the other of the latter debt right acquirer or the initial debt right acquirer acquires the debt right of one of the debt right acquirer.
And debt ring cancellation controlled by the debt ring cancellation unit is formed between the initial debt end and the final debt right accepting end so as to resolve disputes of the citizens and the merchants.
The civil and commercial dispute resolution system and the method provided by the invention have the advantages that: the system and the method for resolving the dispute of the civil and commercial affairs provided by the structure can help each participant to offset, reduce and transfer the yield of the assigned price difference in the transfer process of the creditor voucher (contract), realize the win-win, resolve the dispute of the main body of the contradiction of the civil and commercial affairs and efficiently serve the entity economy; before issuing a mediation agreement, a mediation organization carries out comprehensive examination and confirmation on the validity, authenticity and legality of the creditor-creditor relationship; the debt and debt relationship can be quickly mediated and confirmed through the complaint and adjustment butt joint of the people's court, and the debt and debt relationship has the mandatory execution effect after being confirmed by the judicial, so that litigation is reduced, and the realization probability of the debt is improved; in the transfer process of the creditor certificate (contract) of the client, the acquired funds are stored in a designated account opened at the server so as to promote the transfer and the offset (cancellation) of the creditor of accounts receivable; meanwhile, when the guarantee unit can transfer the creditor certificate (contract), the guarantee unit provides the accompanied clearing guarantee so as to improve the solution of disputes of the people and the commerce.
Drawings
FIG. 1 is a schematic structural diagram of a civil-commercial dispute resolution system according to the present invention;
FIG. 2 is a schematic diagram of an embodiment of a credit and debt cancellation unit of the dispute resolution system for civil merchants;
FIG. 3 is a schematic diagram of an embodiment of a closed-loop cancellation unit of the civil-commercial dispute resolution system according to the present invention;
FIG. 4 is a schematic diagram of an embodiment of a debt chain cancellation unit of the civil-commercial dispute resolution system according to the present invention;
FIG. 5 is a flowchart illustrating the steps of a dispute resolution method according to the present invention;
FIG. 6 is a flowchart illustrating the procedure of determining a debt chain according to the present invention;
the system comprises a client, a server, an application module, a streaming module, a mediation module, a sanction module, a creditor account module, a security module, a creditor and creditor cancellation unit, a debtor and creditor loop cancellation unit, a creditor acquisition module, a data request module, a data processing module, a data storage module and a voucher issuing module, wherein the client is 1-the client, the server is 2-the server, the application module is 11-the streaming module, the streaming module is.
Detailed Description
The technical solution of the present invention will be described in detail below with reference to specific examples.
It should be noted that, in this embodiment, the initial debt end is an initial debtor, the creditor end is a creditor, and the creditor acquirer is a creditor acquirer; the server side comprises a mediation organization and a people court, the mediation module 21 is the mediation organization, the mediation module 22 represents the people court, the guarantee module 24 represents a guarantee company or an enterprise providing guarantee for the circulation of creditor certificates (contracts), wherein the mediation organization is the organization with legal establishment of people mediation, administrative mediation, people business mediation, industry mediation and other organizations with mediation functions, and the creditor certificates (contracts) are short for receivable creditor certificates (contracts).
Referring to fig. 1, the civil and commercial affair dispute resolution system provided by the present invention includes a client 1 and a server 2, the client 1 includes an application module 11 and a circulation module 12, the server 2 includes a mediation module 21 and a sanction module 22, the mediation module 21 includes an acquisition module 211, a data request module 212, a data processing module 213, a data storage module 214 and a certificate issuing module 215;
the acquiring module 211 is configured to acquire and audit the credit and debt relationship data of the civil and commercial disputes uploaded by the applying module 11, and transfer the acquired data to the data requesting module 212;
the data request module 212 is used for sending a request of the creditor and debt relationship data of the dispute of the merchants to the data processing module 213;
the data processing module 213 is configured to acquire and process the creditor and debt relationship data request sent by the data request module 212, issue a mediation protocol, and forward the mediation protocol to the sanction module 22;
the data storage module 214 is configured to store the creditor and debt relationship data uploaded by the obtaining module 211 and the mediation protocol issued by the data processing module 213.
The adjudication module 22 is used for acquiring and auditing the mediation protocol issued by the data processing module 213, issuing a civil adjudication book for confirming the effectiveness of the mediation protocol, and transferring the civil adjudication book to the voucher issuing module 215;
the voucher issuing module 215 is used for acquiring and auditing the civil adjudication book for confirming the effectiveness of the settlement agreement issued by the adjudication module 22, issuing the creditor voucher (contract), and entering the flow conversion module 12 to resolve disputes of the citizens through the flow of the creditor voucher (contract).
In the process of processing the creditor-creditor relationship data, the data processing module 213, on one hand, invokes a mediation protocol corresponding to the existing creditor-creditor relationship data stored in the data storage module 214, and on the other hand, invokes a mediation protocol corresponding to the manually input creditor-creditor relationship data to determine whether the acquired creditor-creditor relationship data is abnormal, if not, directly generates a corresponding mediation protocol, and if so, may process in the following manner:
for each group of abnormal data, according to the value range of one preset configuration parameter in the plurality of preset configuration parameters called by the data processing module, the control data processing module 213 corrects the abnormal data to obtain corrected data corresponding to the abnormal data and within the preset value range, and feeds the corrected debt-debt relationship data back to the parties of both debt parties (the initial debt party and the debt party) for determination, and after the confirmation of the parties of both debt parties, issues a mediation protocol confirmed by the parties of both debt parties.
The main body of the civil-merchant dispute is to voluntarily collaborate with units approved by the ministry of the relevant state of the mediation organization and having professional accounts receivable and debt right certificates (contracts) to transfer business operation experience and qualification, determine the account receivable and debt right relationship according to the mediation agreement and legal documents such as national adjudication and the like confirming the effectiveness of the mediation agreement, issue and register paper or electronic accounts receivable and debt right certificates (contracts) through a accounts receivable and debt right certificate (contract) transfer system of a national science and technology support plan 'new generation electronic payment service system research and development and application demonstration based on the transfer of debt right', transfer and cancel, and realize the resolution of the civil-merchant dispute.
Generation of the above accounts receivable creditor voucher (contract): and opening a civil official book for confirming the effectiveness of the mediation agreement according to the mediation agreement and the effectiveness of the people's court, and signing by the people's court.
Further, the client 1 comprises an initial debt end, a debt end and at least one debt transferee end;
the creditor terminal is configured to obtain the creditor of the initial creditor terminal, and apply for an opening creditor certificate (contract) through the application module 11;
the creditor acquirer is configured to receive the creditor certificate (contract) that the creditor acquirer transfers through the transfer module 12.
Opening, signing and sealing the above certificates (contracts):
(1) after the reconciliation organization checks, the system opens a use plan book according to the creditor certificate (contract) and opens a paper or electronic receivable creditor certificate (contract) through the transfer system of the receivable creditor certificate (contract).
(2) Initial creditor, initial debtor, guarantor (including guarantor assignee), mediation organization signature, and seal. Wherein, the mediation organization stamps on the creditor certificate (contract) for confirmation: "initial creditor and initial creditee (guaranteed by a third party, including the initial creditor) have agreed to a creditor-creditee reconciliation agreement under the mediation and witnessing of the reconciliation organization". The court seals on the creditor certificate (contract) for confirmation: the civil adjudication book on which the certificate (contract) is based is made by our hospital according to the mediation agreement between the parties in the mediation organization, and has mandatory enforcement effectiveness. The electronic account receivable creditor right certificate (contract) is issued by a human law institute, and a mediation organization is entrusted to issue the electronic account receivable creditor right certificate according to the application and the commitment of both parties. The mediation organization should add the link of promises, agreements and effective legal document scanning pieces of each participant in each sealing column of the creditor certificate (contract) for the creditor transfer (receiver) to consult or download.
Further, the circulation module 12 includes a credit and debt offset unit 121, a debt ring offset unit 122;
the creditor and debt cancellation unit 121 is configured to form a unidirectional debt chain cancellation between the initial creditor end and the final creditor transferee end;
a debt loop cancellation unit 122, configured to form a debt chain cancellation between the initial debt end and the final debt transferee end, where the debt chain further includes a debt chain between one of the debt transferee ends and the other debt transferee end, or a debt chain between one of the debt transferee ends and the initial debt end.
Specifically, the debt loop offsetting unit 122 includes a closed loop offsetting unit and a debt chain offsetting unit;
a closed loop offset unit for forming a closed loop debt chain offset between the initial debt end and the final creditor transferee end;
and the debt chain offset unit is used for forming the debt chain offset between the initial debt end and the final debt transferee end, and the debt chain also comprises a debt chain from one debt transferee end to the other debt transferee end or a debt chain from the rest debt transferee end except the final debt transferee end to the initial debt end.
On the debt chain of the debt right and debt cyclic cancellation unit 121 and the debt cyclic cancellation unit 122, the debt right end to the remaining debt right end all undertake the related responsibility except the final debt right accepting end.
Further, in order to further improve the circulation cancellation probability, the people's law (service end) supports and encourages each debt subject, and the key point is that the parties of the disputes of the people's business (initial debt end and debt end) and each participating subject on the debt chain (debt accepting end) open a paper or electronic accounts receivable debt document (contract) through the relevant mediation organization, notarization department, mediation commission or the accounts receivable debt management company with exclusive state, and the accounts receivable debt document (contract) circulation system performs real-time big data analysis and processing to perform corresponding debt chain cancellation, and when the debt document (contract) is circulated, the circulation cancellation mode includes three cancellation modes from I to III.
As shown in fig. 2, for cancellation mode i: the cancellation under the control of the creditor and debt cancellation unit 121 includes the following steps S101 to S103:
s101: the credit right end obtains the credit right of the initial credit right end and transfers the credit right to the credit right accepting end to form a one-way credit chain;
s102: the creditor terminal and the remaining creditor-assignee terminals, except the final assignee terminal, assume the responsibility of the liability chain,
s103: unidirectional debt chain cancellation controlled by the debt and debt cancellation unit 121 is formed between the initial debt end and the final debt and transfered end so as to resolve disputes of the citizens.
For example: a (initial debtor) owes B (initial creditor) 1 ten thousand yuan, B applies for opening a paper or electronic accounts receivable creditor certificate (contract), and transfers to a transferee C (creditor and transferee), and C continues to transfer to form an A → N debtor chain.
On the debt chain, except for N (final debt and right transferee), all the main bodies are subject to 1 ten thousand yuan of payment and bear the associated responsibility, so that the responsibility is shared, the cost is reduced, all the main bodies are willing to accept, and disputes of civil and commercial affairs are resolved.
As shown in fig. 3, for the offset mode ii: the cancellation under the control of the closed loop cancellation unit of the debt loop cancellation unit 122 includes the following steps S201 to S203:
s201: the credit terminal acquires the credit of the initial credit terminal and transfers the credit to the credit accepting terminal to form a credit chain;
s202: the initial debt end acquires the debt right of the final debt right accepting end;
s203: closed-loop debt chain cancellation controlled by a closed-loop cancellation unit is formed between the initial debt end and the final debt right accepting end so as to resolve disputes of the citizens and the merchants;
for example: a (initial debtor) owes B (initial creditor) 1 ten thousand yuan, B applies for opening a paper or electronic accounts receivable creditor certificate (contract), and transfers to a transferee C (creditor and transferee), and C continues to transfer to form an A → N debtor chain.
On the debt chain, N consumes 1 ten thousand yuan at A, or forms a closed loop cancellation circle through the big data operation of an accounts receivable debt certificate (contract) circulation system, all the equal-amount debt debts of all the main bodies on the debt chain are cancelled, the triangular debt and the multi-head debt are cracked, and the dispute of the civil and commercial affairs is resolved.
As shown in fig. 4, for cancellation mode iii: the cancellation under the control of the debt chain cancellation unit of the debt ring cancellation unit 122 includes the following steps S301 to S303:
s301: the credit terminal acquires the credit of the initial credit terminal and transfers the credit to the credit accepting terminal to form a credit chain;
s302: on the debt chain, one of the former debt authority acquirer acquires the debt authority of the other of the latter debt authority acquirer or the initial debt authority acquires the debt authority of the remaining one of the debt authority acquirer except the final debt authority acquirer.
S303: and debt chain cancellation controlled by the debt chain cancellation unit is formed between the initial debt end and the final debt right accepting end so as to resolve disputes of the citizens and the merchants.
For example: a (initial debtor) owes B (initial creditor) 1 ten thousand yuan, B applies for opening a paper or electronic accounts receivable creditor certificate (contract), and transfers to a transferee C (creditor and transferee), and C continues to transfer to form an A → N debtor chain.
N consumes 1 ten thousand yuan at D, D becomes a creditor; if the consumption is from D to A, the balance and the debt of each subject and the like on the whole debt chain are completely cancelled; such as D continuing to flow to offset, or to any subject consuming on the chain of debts. Other subjects, likewise, may continue to transfer payments or consumptions. Each transfer is registered by the receivables credentialing voucher (contract) transfer system.
In the three types of payment modes, 15 days before the expiration of the 'credit payment due date' recorded in the credit voucher (contract), the circulation system of the accounts receivable and the credit voucher (contract) freezes circulation registration, prompts the holder to pay for consumption to the debtor, and completes the balance credit and debt payment on the whole debt chain. If the initial debtor is bankrupt or cannot accept payment and settlement, because the circulation subject is continuously increased or a debt chain consisting of a plurality of subjects is formed through big data operation of an accounts receivable and debt right voucher (contract) circulation system, the solution can be distributed, if 50 debt and debt subjects exist on the debt chain, 2% of the debt payment amount can be respectively sent out, 1% is respectively sent out by 100 subjects, the solution is enough to be 100%, a third party is entrusted to a final debt holder, and the whole debt chain is released after low-cost payment.
The original debt is effective continuously, the period is expired, the party can agree with the repayment period again to reach a new mediation agreement, after the approval of the national court, the mediation organization is applied for opening a new creditor certificate (contract) to carry out circulation cancellation, and the national court can be applied for forced execution within the legal period according to the effective national judgment book, the effective national mediation book or the effective national mediation book confirming the mediation agreement.
The receivable and receivable creditor certificate (contract) circulation system carries out real-time big data analysis and processing on creditor and debt recorded by each certificate (contract), such as forming a closed loop cancellation circle or a debt chain, and the system informs each main body to participate in closed loop cancellation or debt chain cancellation, such as each main body agrees to cancel, so that creditor and debt cancellation and creditor (contract) cancellation can be realized.
Further, as an embodiment, the server 2 further includes a creditor account module 23; the creditor account module 23 is configured to obtain funds obtained by transferring the creditor certificate (contract) of the client 1 through the transfer module 12, so as to resolve disputes between the citizens and the merchants.
When a party transacts the transaction of receivable and debt right certificate (contract), a unique debt right number (debt right account) is opened or activated by a relevant mediation organization, a notarization department, an institution committee or a separately funded receivable and debt right management company and a cooperative bank for conducting the transaction, and the bank account is bound for receiving the receivable and debt right transfer (acceptance) recorded by the debt right certificate (contract) and letting the fund or the debt right expire, so as to promote the transfer and the offset (cancellation) of the receivable and debt right.
Further, the server 2 further includes a guarantee module 24;
the guaranty module 24 is configured to provide a joint compensation guaranty when the creditor certificate (contract) is transferred.
As shown in fig. 5, a civil-commercial dispute resolution method includes the following steps, which are based on that a civil-commercial dispute principal is willing to be reconciled by a mediation method:
s1: acquiring and checking the creditor and creditor relationship data of the disputes of the merchants uploaded by the client 1, and issuing a mediation agreement, wherein the client 1 comprises an initial creditor end, a creditor end and at least one creditor acquirer end.
Issuing and judicial confirmation of the mediation protocol: the mediation organization audits and processes the debt and debt relation through the data processing module 213 of the mediation organization according to the application of both parties (initial debtor and debtor), and issues a paper or electronic mediation protocol;
s2: acquiring and auditing the mediation protocol, and issuing a civil referee book for confirming the effectiveness of the mediation protocol;
the people's court obtains the paper or electronic mediation protocol, issues the civil adjudication confirming the mediation protocol effectiveness after the judicial confirmation of the paper or electronic mediation protocol.
S3: acquiring and auditing the civil referee book for confirming the effectiveness of the mediation agreement, and issuing a creditor certificate (contract);
s4: and (4) the creditor certificate (contract) is circulated so as to resolve disputes of people and business affairs.
When handling the certificate (contract) flow, the accounts receivable ownership should be queried, registered and exposed. When the accounts receivable and debt right voucher (contract) is opened, each participating subject signs or stamps, and the initial registration and public notice can be performed by the uniform registration system for gathering the movable property and financing in the credit center of the Chinese people bank in the first circulation. In the official business, the obligation transfer contract is signed for each transfer and cancel, and the change register is processed in the transfer system of accounts receivable obligation certificate (contract) according to the obligation.
When a certificate (contract) is opened, if a guarantee transferee guarantees to give the right of debt, the guarantee transferee and a capital escrow/supervision bank seal the certificate (contract) to confirm, and when the creditor transfers the right of debt recorded in the certificate (contract), the guarantee transferee transfers the right of debt recorded in the certificate (contract) subsequently, and undertakes the responsibility of clearing. The creditor of the creditor (contract) may also voluntarily host the creditor to a guarantee transferee for transfer (transference) without the guarantee transferee temporarily paying the transfer funds to the receivable creditor of the creditor (contract). The escrow period is the same as the "claim to pay due date" described in the certificate (contract). After the escrow is expired, the final creditor of the creditor realizes the creditor at the initial creditee, and the guarantee transferee pays the creditor transfer funds to the voucher (contract) issuer according to the agreement; the claim is still held by the vouchers (contracts) and the vouchers (treaty) give-off are entitled to turn the claim back by the escrow period.
Receivables creditor (contract) flow: when the initial creditor holds the certificate (contract), and performs the transfer offset, the initial creditor should sign the transfer agreement of the creditor or apply for the mediation to the mediation organization, and the mediation organization issues the paper or electronic mediation agreement, but the certificate (contract) should be handled and registered in the receivable creditor certificate (contract) transfer system.
Each time the voucher (contract) is transferred and offset, the change registration is required to be handled in the accreditation and debt voucher (contract) transfer system of the mediation organization, and the mediation organization issues a paper or electronic mediation agreement again. The regulation agreement can still apply for judicial confirmation from the national court by law within 30 days from the date of effectiveness.
As shown in fig. 6, the determination of whether the debt chain forms a debt loop by the circulation module 12 includes steps S1001 to S1005:
s1001: establishing a credit and debt information table (debtor, creditor, amount);
s1002: and setting a two-dimensional array, wherein the X axis is a debtor, the Y axis is a debtor, if the X axis and the Y axis are debtor and debtor, the corresponding value is the link number associated with the X axis and the Y axis, and if the X axis and the Y axis are the debtor and debtor, the corresponding value is null.
S1003: and splitting the matrix corresponding to the two-dimensional array to obtain a channel matrix, namely obtaining the debt ring data.
S1004: judging whether the diagonal line of the matrix has a debt ring or not according to the obtained debt ring data;
if yes, go to step S1006;
if not, go to step S1005;
s1005: controlling the debt chain cancellation by the creditor and debt cancellation unit 121;
s1006: judging whether the debt ring is a closed-loop debt chain between an initial debt end and a final creditor transferee end;
if yes, go to step S1007;
if not, the step S1008 is executed;
s1007: controlling debt chain cancellation by a closed loop cancellation unit of the debt loop cancellation unit 122;
s1008: controlling debt chain cancellation by the debt chain cancellation unit of the debt ring cancellation unit 122;
the determination of whether to form a closed-loop chain of debts is described below in conjunction with the matrix:
for example, a two-dimensional array is set, the X axis is debtor, the Y axis is debtor, a owes B, a owes D, B owes C, and C owes a, and a basic two-dimensional matrix is generated as the following table 1:
TABLE 1
| A | B | | D | |
| A | ||||
| 0,1 | 0,3 | |||
| |
1,2 | |||
| C | 2,0 | |||
| D |
The value of the creditor B, C, D corresponding to the debtor a in table 1 is obtained as shown in the following table 1-1:
TABLE 1-1
| | C | D | |
| 0,1 | 0,3 |
The value of the debtor B, C, D corresponding to the creditor a in table 1 is obtained as shown in tables 1-2 below:
tables 1 to 2
| B | |
| C | 2,0 |
| D |
Combine the above tables 1-1 to 1-2 into a new two-dimensional array, as shown in table 2 below:
TABLE 2
| B | C | | |
| B | |||
| C | |||
| 0,1|2,0 | 0,3|2,0 | ||
| D |
The arrays in table 2 and the base matrix in table 1 are merged, noting the coordinates, as in table 3 below:
TABLE 3
| B | | D | |
| B | |||
| 1,2 | |||
| |
0,1|2,0 | 0,3|2,0 | |
| D |
At this point the diagonal has no data and no closed loop is generated.
The above steps are repeated once more, with table 3 as the basis matrix:
the value of the creditor C, D corresponding to the debtor B in table 3 is obtained as shown in table 3-1 below:
TABLE 3-1
| | D | |
| 1,2 |
The value of the debtor C, D corresponding to the creditor B in table 3 is obtained as shown in table 3-2 below:
TABLE 3-2
| |
0,1|2,0 |
| D |
Combine the above tables 3-1 to 3-2 into a new two-dimensional array, as shown in table 4 below:
TABLE 4
| | D | |
| C | ||
| 1,2|0,1|2,0 | ||
| D |
The arrays in table 4 and the base matrix in table 3 are merged, noting the coordinates, as in table 5 below:
TABLE 5
| | D | |
| C | ||
| 1,2|0,1|2,0 | 0,3|2,0 | |
| D |
At this time, the diagonal line has data (1,2|0,1|2,0), which represents that closed loop data is generated and the liability loop is generated.
Then judging whether the debt ring is a closed-loop debt chain between the initial debt end and the final creditor transferee end;
if yes, the closed loop cancellation unit of the debt loop cancellation unit 122 controls the debt chain cancellation;
if not, the debt chain cancellation unit of the debt ring cancellation unit 122 controls the debt chain cancellation.
It should be understood that if no liability ring appears after the above matrix operation results, the liability chain cancellation is controlled by the creditor liability cancellation unit 121.
The invention aims to realize creditor credit and debt resolution by changing space with time through the application of receivable accounts and creditor right certificates (contracts) circulation in the field of justice by a national science and technology support plan project, opening certificates (contracts) confirmed by court sealing, accepting refund and due repayment by a debtor, continuously providing guarantees by a guarantor, combining mechanisms such as debt chain and closed loop refund (cancellation) in the certificate (contract) circulation process, effectively resolving the dispute of civil and commercial affairs among various economic main bodies, reducing litigation and maintaining social harmony and stability.
The above description is only for the preferred embodiment of the present invention, but the scope of the present invention is not limited thereto, and any person skilled in the art should be considered to be within the technical scope of the present invention, and the technical solutions and the inventive concepts thereof according to the present invention should be equivalent or changed within the scope of the present invention.
Claims (9)
1. A civil-commercial dispute resolution system comprises a client (1) and a server (2), and is characterized in that the client (1) comprises an application module (11) and a circulation module (12), the server (2) comprises a mediation module (21) and a sanction module (22), and the mediation module (21) comprises an acquisition module (211), a data request module (212), a data processing module (213), a data storage module (214) and a certificate issuing module (215);
the acquisition module (211) is used for acquiring and auditing the creditor and debtor relationship data of the disputes of the merchants, which are uploaded by the application module (11), and transferring the data to the data request module (212);
the data request module (212) is used for sending a credit and debt relationship data request of disputes of the merchants to the data processing module (213);
the data processing module (213) is used for acquiring and processing the creditor and debt relationship data request sent by the data request module (212), issuing a mediation protocol and transferring the mediation protocol to the sanction module (22);
the data storage module (214) is used for storing the creditor and debt relationship data uploaded by the acquisition module (211) and the mediation protocol issued by the data processing module (213);
the adjudication module (22) is used for acquiring and auditing the mediation protocol issued by the data processing module (213), issuing a civil adjudication book for confirming the effectiveness of the mediation protocol, and transferring the civil adjudication book into the voucher issuing module (215);
and the certificate issuing module (215) is used for acquiring and auditing the civil official book for confirming and adjusting the effectiveness of the agreement, issued the creditor certificate (contract) and flowed into the flow conversion module (12), so as to resolve disputes of the citizens through the flow of the creditor certificate (contract).
2. The civil merchant dispute resolution system according to claim 1, wherein the client (1) comprises an initial debt end, a claim end and at least one claim transferee end;
the creditor terminal is used for acquiring the creditor of the initial creditor terminal and applying for an opening creditor certificate (contract) through an application module (11);
the creditor acquirer is used for receiving the creditor certificate (contract) which is circulated by the creditor acquirer through a circulation module (12).
3. The civil quotient dispute resolution system according to claim 2, wherein the circulation module (12) comprises a creditor and debt cancellation unit (121) and a debt and ring cancellation unit (122);
a creditor and debt cancellation unit (121) for forming a unidirectional debt chain cancellation between the initial creditor end to the final creditor acquirer end;
and a debt loop cancellation unit (122) for forming a debt chain cancellation between the initial debt end and the final debt transferee end, wherein the debt chain further comprises a debt chain from one debt transferee end to the other debt transferee end or a debt chain from one debt transferee end to the initial debt end.
4. The civil merchant dispute resolution system according to claim 1, wherein the server (2) further comprises a creditor account module (23);
the creditor account module (23) is used for acquiring funds obtained by transferring the creditor certificate (contract) of the client (1) through the transfer module (12) so as to resolve disputes of the citizens and the merchants.
5. The civil-merchant dispute resolution system according to claim 2, wherein the server (2) further comprises a guarantee module (24);
the guarantee module (24) is used for providing the linked clearing guarantee when the creditor certificate (contract) is transferred.
6. A civil-commercial dispute resolution method is characterized by comprising the following steps:
acquiring and checking the credit and debt relationship data of civil and commercial disputes uploaded by the client (1), and issuing a mediation agreement;
acquiring and auditing the mediation protocol, and issuing a civil referee book for confirming the effectiveness of the mediation protocol;
acquiring and auditing the civil referee book for confirming the effectiveness of the mediation agreement, and issuing a creditor certificate (contract);
and (4) the creditor certificate (contract) is circulated so as to resolve disputes of people and business affairs.
7. The civil merchant dispute resolution method according to claim 6, wherein the client (1) comprises an initial debt end, a debt end and at least one debt transferee end, the client (1) further comprises a circulation module (12), and the circulation module (12) comprises a debt and debt cancellation unit (121) and a debt and ring cancellation unit (122).
8. The method for dispute resolution of civil and commercial affairs according to claim 7, wherein the step of transferring the creditor voucher (contract) comprises:
the credit right end obtains the credit right of the initial credit right end and transfers the credit right to the credit right accepting end to form a one-way credit chain;
the creditor end and the rest of the creditor and the remaining creditor and the other ends except the final transferee end undertake related responsibility on the unidirectional debt chain;
unidirectional debt chain cancellation controlled by the debt and debt cancellation unit (121) is formed between the initial debt end and the final debt and transfered end so as to resolve disputes of the citizens.
9. The method for dispute resolution of civil and commercial affairs according to claim 8, wherein the step of transferring the creditor voucher (contract) comprises:
the credit terminal acquires the credit of the initial credit terminal and transfers the credit to the credit accepting terminal to form a credit chain;
on the debt chain, one of the former debt right acquirer acquires the debt right of the other latter debt right acquirer or the initial debt right acquirer acquires the debt right of one of the debt right acquirer;
debt ring cancellation controlled by a debt ring cancellation unit (122) is formed between the initial debt end and the final debt right receiving end so as to resolve disputes of the citizens.
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| CN112258348A (en) * | 2020-11-16 | 2021-01-22 | 南通知法互联网科技有限公司 | Service mode of multi-dimensional mediation, management and analysis system for people mediation |
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Application publication date: 20200915 |