Article 1 In order to standardize and promote diversified dispute settlement methods, safeguard the legitimate rights and interests of the parties, improve the ability of social governance, and safeguard social peace, harmony, fairness and justice, these Regulations are formulated in accordance with relevant laws and regulations and in light of the actual situation in Sichuan Province.
Article 2 These Regulations shall apply to diversified dispute settlement and related activities within the administrative region of this province.
Article 3 Diversified dispute resolution should adhere to the social governance system of party committee leadership, government responsibility, democratic consultation, social coordination, public participation, legal guarantee and scientific and technological support, and improve the working mechanism of reconciliation, mediation, arbitration, administrative adjudication, administrative reconsideration and litigation, so as to prevent and resolve all kinds of disputes in a timely and effective manner.
Article 4 Diversified dispute settlement shall follow the following principles:
(1) Abide by laws and regulations and respect public order and good customs;
(two) respect the will of the parties to choose the way to resolve disputes according to law;
(3) Convenient and beneficial to the people, fast and efficient;
(4) Treating both the symptoms and root causes;
(5) Combination of prevention and solution.
Article 5 Local people's governments and their relevant departments, institutions responsible for diversified dispute resolution guidance, people's courts, people's procuratorates, people's organizations, grass-roots mass autonomous organizations and other social organizations shall, in accordance with the division of responsibilities, establish and improve mechanisms for dispute risk prevention, investigation and analysis and handling according to law; Adhere to territorial management and who is in charge and who is responsible. For cross-regional, cross-departmental, cross-industry disputes involving a large number of people and great social impact, it is necessary to strengthen linkage and cooperation to prevent and resolve disputes from the source.
Article 6 Units and organizations that undertake the function of dispute resolution shall establish a leadership responsibility system for dispute resolution, clarify that the main person in charge is the first person responsible for dispute resolution, implement the personnel, system and necessary conditions for dispute resolution, and improve a multi-level, full-coverage, clear and coordinated diversified dispute resolution responsibility system.
Article 7 Strengthen publicity and education on the rule of law, carry forward socialist core values, popularize legal knowledge related to diversified disputes, publicize typical cases, guide citizens to consciously abide by laws and regulations and respect public order and good customs, rationally express their interests according to law, resolve interest disputes and safeguard legitimate rights and interests.
Chapter II Dissolution of Subject
Article 8 Local people's governments at or above the county level shall incorporate diversified dispute resolution into the construction plan of local government ruled by law, strengthen the capacity building of dispute prevention and resolution, promote the development of dispute resolution organizations, establish diversified dispute resolution training mechanisms, urge administrative departments to perform their dispute resolution duties, integrate various grassroots forces such as towns (streets) and villages (communities) to carry out dispute resolution, and guide social forces to participate in dispute resolution.
The local people's governments at or above the county level shall provide financial guarantee for diversified dispute resolution, incorporate the funds for people's mediation, labor disputes and rural land contract management disputes into the fiscal budget according to law, and give appropriate financial subsidies or subsidies to people's mediation organizations and their mediators.
Article 9 The institution responsible for the guidance of diversified dispute resolution shall carry out the construction, organization and coordination, supervision, inspection and evaluation of diversified dispute resolution mechanisms, establish and improve a comprehensive coordination platform for diversified dispute resolution, and provide linkage guarantee for dispute resolution.
Article 10 The people's court shall establish a docking platform for litigation and non-litigation, carry out dispute settlement guidance, mediation and judicial confirmation according to law, and provide professional guidance for people's mediation, administrative mediation and other mediation.
Article 11 People's procuratorates shall improve the mechanism of participating in dispute resolution and carry out relevant dispute resolution work according to law.
Twelfth public security organs should promote public security mediation, improve the mechanism of dispute resolution such as traffic accident damage compensation, and participate in the dispute resolution work of towns (streets) and villages (communities) according to law.
Thirteenth judicial administrative organs should strengthen the construction of public legal service entity platform, guide and manage people's mediation, administrative mediation and professional mediation; Responsible for the comprehensive coordination and guidance of administrative rulings, standardize the working mechanism of administrative rulings and administrative reconsideration with relevant departments, and promote the settlement of administrative disputes and civil disputes related to administrative activities within the scope of administrative functions and powers.
Promote social organizations such as towns (streets), enterprises and institutions, and grassroots mass autonomous organizations to improve people's mediation organizations; Guide cities (states) and counties (cities, districts) to set up industrial and professional people's mediation organizations in dispute-prone areas to mediate industrial and professional major and complex disputes.
We will improve the mechanism for lawyers to participate in resolving and representing law-related letters and visits, and guide law firms, legal aid institutions, grassroots legal service offices, notary offices, judicial authentication institutions and arbitration institutions to participate in dispute resolution.
Article 14 The administrative departments in charge of education, civil affairs, human resources and social security, natural resources, ecological environment, housing and urban construction, agriculture and rural areas, health and hygiene, market supervision and management, transportation, finance, cultural tourism, development and reform shall carry out administrative mediation, administrative adjudication and administrative reconsideration according to law, cultivate and promote the construction of professional mediation organizations, and standardize the working mechanism of professional mediation.
Fifteenth complaint reporting agencies should handle complaint reporting through legal channels, and establish a working mechanism that is linked with mediation, administrative adjudication, administrative reconsideration, arbitration and litigation.
Article 16 Township people's governments and sub-district offices shall organize and coordinate dispute resolution forces such as comprehensive management centers, public security police stations, judicial offices, people's courts, village (neighborhood) committees and people's mediation organizations within their respective jurisdictions to carry out dispute prevention, investigation and resolution.
Seventeenth village (neighborhood) committees should improve people's mediation organizations, organize people's mediators, grid administrators, village (community) workers, legal advisers, etc. , on-site prevention, investigation and settlement of disputes.
Article 18 Trade unions, the Communist Youth League, women's federations, disabled persons' federations, federations of industry and commerce, trade associations, law societies and other organizations shall give full play to their respective organizational advantages and participate in diversified dispute resolution.
Nineteenth trade associations, chambers of commerce and other social organizations can set up trade and professional mediation organizations according to law to mediate trade and professional disputes and other disputes that can be mediated according to law.
Social organizations such as chambers of commerce, commercial arbitration institutions and social service institutions can set up commercial mediation organizations according to law to mediate civil and commercial disputes in the fields of investment, trade, finance, securities, insurance, real estate, intellectual property rights and technology transfer.
Twentieth to guide the fair and decent, enthusiastic mediation, the public recognized by the masses to participate in people's mediation organizations as people's mediators; Support outstanding people's mediators to set up mediation studios and rely on people's mediation organizations to mediate disputes; Encourage lawyers and grassroots legal service workers to join various mediation organizations as mediators; Guide and support government legal advisers and public lawyers to participate in administrative mediation according to law.
Twenty-first people's mediation organizations and people's mediators can voluntarily form a non-profit industry self-regulatory people's mediation association according to law. The People's Mediation Association plays the role of industry guidance and supervision according to its articles of association, promotes the construction of people's mediation organizations, and carries out education and training, service management, typical publicity and rights protection of people's mediators.
The people's mediation associations of provinces, cities (states) and counties (cities, districts) may establish comprehensive or professional people's mediation organizations according to law to mediate trans-regional and inter-departmental disputes or industrial and professional disputes as well as major and complex disputes.
The judicial administrative department shall, jointly with the civil affairs department, guide and supervise the work of the People's Mediation Association.
Article 22 Local people's governments and their relevant departments, people's courts, people's procuratorates and other organizations shall allocate diversified dispute resolution and legal service resources to towns (streets) and villages (communities) according to needs, strengthen professional guidance on dispute prevention and resolution, and promote the governance of the source of disputes.
Twenty-third state organs, people's organizations and organizations with administrative functions can entrust the dispute settlement work to other legally established dispute settlement institutions by purchasing services according to law.
Chapter III Resolution Mechanism
Article 24 When local people's governments and their relevant departments make major administrative decisions that involve the vital interests of citizens, legal persons and other organizations and may have an impact on social stability, they should conduct social stability risk assessment in advance, identify, analyze and prevent the social stability risk factors existing in major administrative decisions, and make decisions on the implementation, suspension and non-implementation of major administrative decisions according to the assessment results and legal procedures, so as to prevent and resolve social stability risk events and major group disputes from the source.
The local people's governments and their relevant departments shall, in light of the local conditions, departments and systems, formulate measures for social stability risk assessment and organize their implementation.
Article 25 The local people's governments and their relevant departments shall strengthen the supervision of administrative law enforcement, incorporate the prevention and resolution of administrative disputes into the assessment of administrative law enforcement responsibility system, promptly correct illegal or improper administrative law enforcement acts according to law, and resolve administrative disputes at an early stage.
Article 26 Local people's governments shall establish an investigation and analysis system combining centralized investigation, special investigation and regular dispute investigation.
County (city, district) people's governments, township (town) people's governments, neighborhood offices and village (neighborhood) committees shall regularly carry out dispute investigation and report the situation step by step, and improve the source discovery and early warning mechanism of disputes.
In areas prone to disputes, we should focus on dispute investigation and mediation; In case of major natural disasters, accidents, public health incidents and social security incidents, dispute investigation and mediation shall be conducted at the same time.
Twenty-seventh institutions responsible for the guidance of diversified disputes should rely on the comprehensive coordination platform of diversified disputes, and establish systems such as dispute risk assessment, classified handling and feedback of handling results.
We will improve the linkage system of people's mediation, administrative mediation and judicial mediation, implement the responsibility of mediation, and implement the mediation organizations of villages (communities), towns (streets) and counties (cities, districts) to mediate disputes step by step, thus forming a working mechanism of dispute discovery, mediation, mediation and control within the administrative areas of counties (cities, districts).
Article 28 The institutions responsible for diversified dispute resolution guidance shall organize administrative organs, people's courts, people's procuratorates, relevant people's organizations, enterprises, institutions and social organizations to study multiple, group-based and major difficult and complicated disputes, put forward countermeasures and suggestions for preventing and resolving disputes from the source and system, and urge relevant organs and organizations to study and deal with them. The relevant organs and organizations shall promptly study and deal with and reply to the results.
Twenty-ninth institutions responsible for diversified dispute resolution guidance should improve the linkage mechanism of dispute resolution units and organizations, and comprehensively use dispute mediation, rights protection, legal education, psychological counseling, difficult relief and other forms to timely resolve and effectively control disputes.
Thirtieth dispute settlement units and organizations shall strengthen coordination and cooperation, promote the convergence of procedures, and carry out dispute settlement by means of appointment, entrustment, invitation and transfer according to law.
Thirty-first dispute settlement units and organizations shall handle the dispute settlement applications of the parties respectively according to the following circumstances:
(a) to belong to the scope of their duties, should be promptly accepted and resolved;
(two) do not belong to the scope of their duties, should do a good job of interpretation, guidance and transfer, and guide the parties to apply to the units and organizations that have the right to handle;
(three) the responsibilities of multiple units and organizations can be handled together, and if necessary, they can be submitted to the agency responsible for the guidance of diversified disputes for coordination;
(4) Cross-regional, cross-departmental, cross-industry or major, difficult and complicated disputes can be submitted to the organization responsible for diversified dispute resolution guidance or the competent authority at the next higher level for coordination and settlement.
Article 32 When accepting a dispute, a dispute settlement unit or organization shall inform the parties of the time limit, cost and risk of the dispute settlement method, and guide the parties to rationally choose a method with lower cost and weak antagonism, which is conducive to repairing the relationship according to law.
Thirty-third guide the parties to choose the way to resolve disputes, in the following order:
(1) Guiding reconciliation;
(two) if the parties are unwilling to settle or fail to settle, guide mediation;
(three) if the parties are unwilling to mediate or the mediation fails, or the dispute is not suitable for mediation, guide the parties to choose other non-litigation or litigation channels. If it should be handled by an administrative organ or an arbitration institution in advance according to law, the parties concerned shall be informed to apply for an administrative organ or an arbitration institution to handle it first.
Article 34 People's mediation organizations mediate civil disputes according to law; You can mediate disputes entrusted, entrusted, invited or transferred to mediation by other dispute settlement units and organizations.
People's mediation organizations shall promptly report disputes between the parties, state organs and their staff, village (neighborhood) committees and their members to the grass-roots people's governments or public security organs and industry departments, involving a large number of disputes with wide influence, and disputes that may lead to public security cases, criminal cases or mass incidents, and cooperate with them to do a good job in resolving them.
Thirty-fifth administrative organs in the process of performing their duties, civil disputes or administrative disputes related to administrative activities, which can be mediated by administrative organs according to law, can be mediated according to the application of the parties; If mediation should be conducted by an administrative organ according to law, it should take the initiative to mediate. If mediation fails, guide the parties to choose other ways to solve it according to law.
Administrative organs should take the initiative to mediate disputes in the fields of natural resources, ecological environment, public safety, food and drug safety, and disputes involving a large number of people that may affect social stability, and report to the higher authorities and institutions responsible for diversified dispute resolution guidance in a timely manner.
Article 36 In the course of performing their duties, if civil disputes related to administrative activities can be decided by administrative organs according to law, they can be decided according to the application of the parties concerned and according to their statutory functions and powers.
In the process of administrative adjudication, the administrative organ may mediate first. If mediation fails, an administrative ruling shall be made in accordance with the law, and the parties concerned shall be informed of the remedies for dissatisfaction with the administrative ruling.
Thirty-seventh public security organs can guide the parties to reconcile or mediate public security cases that can be mediated according to law, or invite relevant units and organizations to participate in mediation with the consent of the parties; For other disputes that do not constitute a violation of public security management, the parties concerned shall be informed to choose the relevant dispute settlement unit and organize the handling.
Article 38 An arbitration institution shall, in the course of arbitration, guide the parties to conciliation or mediation in accordance with relevant regulations.
Article 39 In the process of mediation, according to actual needs, organizations or individuals related to disputes may be invited to assist in mediation, and deputies to the National People's Congress, members of the Chinese People's Political Consultative Conference, legal experts, psychologists or other relevant professionals, as well as community workers and social volunteers may also be invited to participate in mediation.
In the process of mediation, lawyers, relevant experts or other third parties may be entrusted to investigate, examine and identify the relevant facts of the dispute or to consult and evaluate the settlement of the dispute according to actual needs. The results of investigation, examination, appraisal or consultation and evaluation are for mediation reference.
Fortieth legal aid institutions shall provide legal aid to the parties who meet the conditions of legal aid according to law.
The people's court shall provide judicial assistance to the parties who meet the conditions for judicial assistance according to law.
Civil affairs, health, education, housing and urban construction, human resources and social security departments shall provide social assistance to the parties who meet the conditions of social assistance according to law.
Chapter IV Supervision and Administration
Forty-first local people's governments at all levels should incorporate diversified dispute resolution into the annual work assessment.
The institution responsible for the guidance of diversified dispute resolution shall incorporate diversified dispute resolution into the relevant responsibility system assessment and job evaluation.
Forty-second relevant state organs, people's organizations and social organizations should establish and improve the management system of mediation organizations and the roster of mediators, improve the training mechanism of mediators, and promote the professional construction of mediators.
Forty-third institutions, dispute resolution units and organizations responsible for diversified dispute resolution guidance explore the establishment of a dispute resolution information sharing system.
Encourage dispute resolution units and organizations to use new technologies such as the Internet to resolve disputes through online consultation and online mediation.
Forty-fourth all kinds of mediation organizations should implement the system of withdrawal of mediators.
Under any of the following circumstances, the mediator shall withdraw, unless the parties agree to mediate by him:
(1) Having an interest relationship with the parties concerned or their agents;
(2) Having an interest in mediation matters;
(three) other may affect the impartial mediation.
If the mediator has the circumstances specified in the preceding paragraph, the parties have the right to ask him to withdraw. If the parties request withdrawal, the mediation organization shall replace the mediator in time.
Forty-fifth people's mediation, administrative mediation, administrative ruling, administrative reconsideration, labor dispute and rural land contract management dispute mediation and arbitration, shall not charge the parties. Except as otherwise provided by laws and regulations.
Whoever, in violation of the provisions of the preceding paragraph, collects fees from the parties or collects remuneration in other names shall be ordered by the competent department to return it, and the directly responsible person in charge and other directly responsible personnel shall be dealt with according to law.
Forty-sixth local people's congresses at or above the county level and their standing committees shall supervise the people's governments at the corresponding levels, people's courts and people's procuratorates to perform their diversified dispute resolution duties according to law.
Forty-seventh local people's governments and their relevant departments, people's courts, people's procuratorates, people's organizations, grass-roots mass autonomous organizations and relevant organizations shall be informed, interviewed and supervised by the institutions responsible for diversified solutions at the same level or at the next higher level; If serious consequences are caused, it is suggested that the competent authority should deal with the person in charge and other directly responsible personnel according to law:
(a) the leadership responsibility system for dispute resolution has not been established or implemented;
(2) The linkage mechanism for dispute resolution has not been established or implemented;
(three) is not responsible for the dispute settlement, refused to accept the application for dispute settlement without justifiable reasons;
(4) Failing to take effective measures to resolve disputes in time;
(5) Failing to perform other obligations stipulated in these Regulations.
Forty-eighth acts in violation of the provisions of this Ordinance, laws and regulations have provisions on legal liability, from its provisions.
Chapter V Supplementary Provisions
Article 49 These Regulations shall come into force from June 65438+10 +2020 10.
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