The People'S Mediation Law Of The People'S Republic Of China

Catalog

general provisions

The second chapter: People's mediation committee

The third chapter is the people's mediator.

The fourth chapter is conciliation proceedings.

Fifth chapter mediation agreement

Sixth chapter supplementary provisions

general provisions

Article 1 in order to improve

The second term "people's Mediation" as mentioned in this Law refers to the activities of the people's mediation committee, such as persuasion and persuasion, to enable parties to voluntarily reach a conciliation agreement on the basis of equal consultation and settle civil disputes.

The third people's mediation committee should follow the following principles in settling civil disputes.

(1) mediation on the basis of the parties' willingness and equality;

(two) do not violate laws, regulations and national policies;

(three) respecting the rights of the parties, and not allowing the parties to defend their rights in accordance with the law through arbitration, administration and judiciary.

The Fourth People's mediation committee mediates civil disputes without charging any fees.

The fifth judicial administration department of the State Council is responsible for guiding the people's mediation work throughout the country, and the judicial administration department of the local people's government at or above the county level is responsible for guiding the people's mediation work in the administrative region.

The grass-roots people's court conducts business guidance on the mediation of civil disputes by the people's mediation committee.

The sixth countries encourage and support people's mediation work.

The local people's governments at or above the county level shall give necessary support and protection to the funds needed for people's mediation work, and give commendation awards to the people's mediation committees and the mediators who have made outstanding contributions in accordance with the state regulations.

The second chapter: People's mediation committee

The Seventh People's mediation committee is a mass organization that mediates civil disputes in accordance with the law.

Eighth villagers' committees and residents' committees set up the people's mediation committee.

Enterprises and institutions shall set up a people's mediation committee as required.

The people's mediation committee is composed of three to nine members, including one director and a number of deputy directors when necessary.

The people's mediation committee shall have women's members, and the areas where multiracial people live shall have members of a small number of ethnic groups.

The members of the people's mediation committees of the ninth villagers' committees and residents' committees are elected by villagers' meetings or villagers' representatives' meetings and residents' meetings. The members of the people's mediation committees set up by enterprises and institutions are elected by workers' Congress, workers' Congress or trade union organizations.

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The people's mediation committee has a term of three years and can be re elected.

Tenth judicial administrative departments of the people's governments at the county level shall make statistics on the establishment of the people's mediation committees in their administrative regions, and timely notify the grass-roots people's courts of the people's mediation committees and the composition and readjustment of personnel.

The Eleventh People's mediation committee shall establish and improve various mediation work systems, listen to the opinions of the masses and accept the supervision of the masses.

Twelfth villagers' committees, residents' committees and enterprises and institutions shall provide office conditions and necessary working funds for the work of the people's mediation committee.

The third chapter is the people's mediator.

The thirteenth people's mediators shall be appointed by the members of the people's mediation committee and the people's mediation committee.

The fourteenth people's mediators should be fair and upright, enthusiastic people's mediation work, and have a certain level of culture, policy level and legal knowledge of adult citizens.

The judicial administrative departments of the people's governments at the county level shall regularly conduct professional training for the people's mediators.

The fifteenth mediators of the people's mediation shall be criticized and instruct and corrected by the people's mediation committee where they are located. If the circumstances are serious, they shall be removed or dismissed by the selection or appointment unit.

(1) favouring one party;

(two) insulting the parties;

(three) obtaining, accepting property or seeking other illegitimate interests;

(four) disclosing personal privacy and business secrets of the parties concerned.

The sixteenth mediators of the people's mediation work should be given appropriate allowance for delay in work. Because of the difficulties in causing disability and life in mediation work, the local people's government should provide the necessary medical and living assistance; the spouses and children of the people's mediators who are sacrificing in the people's mediation work enjoy pensions and preferential treatment according to the state regulations.

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The fourth chapter is conciliation proceedings.

The seventeenth parties may apply to the people's Mediation Committee for mediation; the people's mediation committee may also take the initiative to mediate.

If a party explicitly refuses to conciliation, he shall not conciliation.

Eighteenth grass-roots people's courts and public security organs can notify the parties concerned to apply for mediation before the acceptance of the dispute through the people's mediation.

According to the need for mediation disputes, the nineteenth people's mediation committees may designate one or several people's mediators to mediate, or the parties may choose one or several people's mediators to mediate.

In accordance with the need for mediation disputes, the twentieth mediators can invite the relatives, neighbours and colleagues of the parties to participate in mediation after obtaining the consent of the parties concerned. They may also invite persons with specialized knowledge or specific experience to participate in mediation.

The people's mediation committee supports the participation of local people who are fair, upright, enthusiastic, and recognized by the masses.

The twenty-first mediators of mediation should adhere to the principles, clarify the principles and uphold justice.

Mediation of civil disputes should be carried out in a timely and on-the-spot manner so as to prevent contradictions from intensifying.

According to the different circumstances of disputes, the twenty-second people's mediators can adopt various ways to mediate civil disputes, fully listen to the statements of the parties, explain relevant laws, regulations and state policies, patiently guide them, and propose a dispute resolution plan based on the parties' equal consultation, mutual understanding and mutual accommodation, so as to help the parties to reach a conciliation agreement voluntarily.

The twenty-third parties enjoy the following rights in the people's mediation activities:

(1) choose or accept the people's mediator;

(two) accept conciliation, refuse conciliation or require termination of mediation;

(three) requiring mediation to be carried out openly or not openly;

(four) voluntary expression and willingness to reach a conciliation agreement.

The twenty-fourth parties perform the following obligations in the people's mediation activities:

(1) truthfully state the facts of the dispute;

(two) observe the mediation order and respect the people's mediator;

(three) respect the rights of the other party.

In the process of conciliation, twenty-fifth people's mediators found that disputes could be intensified. Preventive measures should be taken. Disputes that might cause public security cases or criminal cases should be reported to local public security organs or other relevant departments in time.

If the twenty-sixth mediators mediate disputes, if mediation fails, the mediation shall be terminated. In accordance with the relevant laws and regulations, the parties concerned may inform the parties concerned that they can safeguard their rights through arbitration, administration and judiciary in accordance with the law.

The twenty-seventh people's mediators should record the mediation.

The people's mediation committee shall establish a file for mediation work, and file archival materials such as mediation registration, mediation work records, mediation agreement, etc.

Fifth chapter mediation agreement

Article twenty-eighth a mediation agreement can be made through mediation agreement reached by the people's mediation committee.

If a party considers that there is no need to make a conciliation agreement, he may adopt an oral agreement, and the people's mediator shall record the contents of the agreement.

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The twenty-ninth mediation agreement can specify the following items:

(1) the basic situation of the parties concerned;

(two) the main facts, disputes and responsibilities of the parties concerned.

(three) the parties reach the content of the conciliation agreement, the way and time limit for performance.

The mediation agreement shall come into force on the day of signature, seal or fingerprinting, signature of the people's mediator and seal of the people's mediation committee.

The mediation agreement shall be held by one party and one by the people's mediation committee.

The thirtieth oral mediation agreement shall take effect from the date of the agreement reached by the parties.

The thirty-first mediation agreement reached by the people's mediation committee is legally binding and the parties concerned shall perform according to the agreement.

The people's mediation committee shall supervise the performance of the mediation agreement and urge the parties to fulfill their agreed obligations.

Thirty-second after the mediation agreement is reached by the people's mediation committee, the parties may bring a lawsuit to the people's court if the parties have disputed the performance of the conciliation agreement or the content of the mediation agreement.

Article thirty-third after mediation agreement is reached between the people's mediation committee and the parties concerned, the parties consider it necessary to apply for judicial confirmation to the people's court within thirty days from the date of the entry into force of the mediation agreement. The people's court shall examine the mediation agreement in a timely manner and confirm the validity of the mediation agreement in accordance with the law.

The people's court has confirmed that the mediation agreement is effective according to law. If one party refuses to perform or fails to perform it, the other party may apply to the people's court for compulsory execution.

If the people's court confirms that the mediation agreement is invalid according to law, the parties may change the original mediation agreement through the people's mediation, or reach a new mediation agreement, or bring a lawsuit to the people's court.

Sixth chapter supplementary provisions

The thirty-fourth towns, streets, social organizations or other organizations can set up the people's mediation committee according to the relevant provisions of this Law and mediate civil disputes.

The thirty-fifth law comes into effect on January 1, 2011.