449. Measures for Implementing the People’s Mediation Law of People’s Republi of China in Shenzhen Municipality 深圳市实施《中华人民共和国人民调解法》办法

发布时间:2017-12-08来源:市法制办字体:【 【内容纠错】

  Measures for Implementing the People’s Mediation Law of People’s Republi of China in Shenzhen Municipality

  (adopted at the eleventh meeting of the Standing Committee of the fifth Shenzhen Municipal People’s Congress on October 31, 2011 and approved at the thirty-first meeting of the eleventh Guangdong Province People’s Congress on January 1, 2012 )

  Article 1 These measures are formulated with a view to implementing the People’s Mediation Law of People’s Republic of China, combining with the actual needs of Shenzhen municipality.

  Article 2 The municipal and district governments shall positively support the work of people’s mediation, and provide necessary support and safeguard to the expenses such as the working fund needed by the administrative department of justice to give guidance to people’s mediation, subsidies for the people's mediation committee, subsidies for people's mediators and other expenses needed for the work of people’s mediation.

  The municipal and district administrative departments of justice shall manage and supervise the usage of working fund of people’s mediation together with the department of finance. The concrete measures shall be otherwise formulated by the municipal government.

  Article 3 The municipal and district governments shall commend and reward the mediation committees and people’s mediators with outstanding contributions.

  Article 4 National organizations, enterprises and institutions, social groups and other organizations shall support the people's mediation committee to carry out its work according to law.

  Article 5 The municipal and district administrative departments of justice are the guidance departments of the people’s mediation and shall perform the following functions and duties:

  (1) implementing laws, regulations and policies of people’s mediation;

  (2) summing up and spreading work experience of people’s mediation;

  (3) organizing professional training to people’s mediator;

  (4) regularly publishing the information such as the establishment or dissolution of people’s mediation committee, employment or dismissal of people’s mediator and so on at its portals;

  (5) setting up and improving the system of contact with people’s court, regularly reporting the work of people’s mediation and communication information;

  (6) accepting, studying and approach the comments and suggestions to people’s mediation;

  (7) other functions and duties provided by laws and regulations.

  The municipal administrative department of justice shall develop systems and model texts related to people’s mediation on demands.

  Article 6 People’s court shall take the following measures to strengthen professional guidance to the work of people’s mediation:

  (1) proposing judicial suggestions to the problems of the work of people’s mediation found in judicial practice;

  (2) appointing judges to cooperate the administrative department of justice to train people’s mediator and give guidance to the work of people’s mediation committee;

  (3) inviting people’s mediators to audit in public trail according to law;

  Article 7 The municipal administrative department of justice may establish an expert database on demands, giving advisory opinions or suggestions to people’s mediation committees to develop the work of people’s mediation.

  Members of expert database shall be engaged from the persons possessing professional knowledge of law, medical and health care, labor dispute, traffic accident and other fields. The basic information of expert database’s members shall be published to the society.

  The concrete measures on the establishment and management of the expert database of people’s mediation shall be otherwise formulated by the municipal administrative department of justice.

  Article 8 The qualified social workers and volunteers are encouraged to be people’s mediators or participate in people’s mediation.

  Article 9 The people’s mediation committee may establish mediation workroom or mediation team in national organizations, enterprises and institutions, social groups and other organizations as needed by consensus.

  If mediation workrooms or mediation teams are established in national organizations, enterprises and institutions, social groups and other organizations, these national organizations, enterprises and institutions, social groups and other organizations shall provide necessary work place and designate staff to be responsible for liaison and relevant safeguard work.

  Article 10 The Federation of Trade Unions, Communist Youth League, Women's Federation and trade association of municipality, district and street office may establish people’s mediation committees to mediate civil disputes.

  Article 11 The people’s mediation committee newly established shall apply for record to local district administrative department of justice within 15 working days from the date of establishment. It shall submit following documents when applying for record:

  (1) documents related to the name and establishment of people’s mediation committee;

  (2) basic information of expert database’s members

  (3) office location and contact information.

  The people’s mediation committees already established shall apply for record to local district administrative department of justice within 30 working days from the date of the implementation of these measures.

  If the people’s mediation committee decides to engage or dismiss people’s mediator, establish or dissolute mediation workroom or mediation team, it shall apply to local district administrative department of justice for record of the basic information about the engagement or dismissal of people’s mediators and the information about the establishment or dissolution of mediation workroom or mediation team within 15 working days from the date of making decision.

  After recording, the district administrative department of justice shall report to the municipal administrative department of justice within 5 working days. The municipal and district administrative departments of justice shall regularly report record information to the people’s court at the same level.

  Article 12 The people’s mediation committee, mediation workroom and mediation team shall use unified name and identification at mediation site. People’s mediator shall wear unified badge when carry out the work of mediation.

  Article 13 When the parties apply to people's mediation committee for the mediation of civil disputes, they can either apply to the nearest people’s mediation committee for mediation or select other people’s mediation committee for mediation through voluntary negotiation.

  Article 14 People's court, the department of public security, human resources and social security, letters and calls and other national organizations may transfer to or entrust the people’s mediation committee of parties’ domicile or the place where the dispute arises to mediate relevant civil dispute, with the consents of the parties and the people’s mediation committee.

  If a national organization transfers to or entrusts people’s committee to mediate civil dispute, it shall issue a letter of transference or entrustment of mediation.

  If the people’s mediation committee considers that the transferred or entrusted civil dispute does not comply with the provisions of laws and regulations, it shall issue a letter of no mediation and inform the parties and the transferring or entrusting national organization.

  During the period of mediation by people’s mediation committee, the transferring or entrusting national organization shall provide necessary guidance and assistance. The people’s mediation committee shall feed back mediation result to the transferring or entrusting national organization in time.

  Article 15 The district administrative department of justice shall develop various forms of professional training to people’s mediators within its jurisdiction together with basic-level people’s court. The centralized training time of every year shall not be less than five working days.

  When organizing and developing professional training to people’s mediator, the district administrative department of justice shall not charge any fees.

  Article 16 If a mediation agreement is changed, rescinded or confirmed as invalid by effective judgment or ruling of people's court, the people’s court shall feed back result to the people’s mediation committee that mediates the dispute.

  Article 17 When a party applies for legal aid, legal aid agency shall notify that he can settle civil dispute through people’s mediation. The legal aid agency shall not refuse to provide legal aid to the party for not going through the procedure of people’s mediation.

  Article 18 If the establishment of people’s mediation committee or the engagement of people’s mediator does not comply with the People’s Mediation Law of People’s Republi of China and the provisions of these measures, local district administrative department of justice shall order correction. If the unit or organization that makes the decision of establishment or engagement refuses to correct within the proscribed time limit, local district administrative department of justice shall suggest dissolution or dismissal by it.

  If the decision of establishing people’s mediation committee or engaging people’s mediator is revoked, relevant unit or organization may reestablish or reengage according to law.

  Article 19 Any complaint, comment and suggestion to the work of people’s mediation committee or people’s mediator may be proposed directly to this people’s mediation committee, and may be proposed to the administrative department of justice. The accepting unit shall verify and process it and feed back its processing in time.

  Article 20 “Districts” in these measures include the administrative districts of Guangming, Pingshan, Longhua, Dapeng and etc.

  Article 21 “Civil dispute” in these measures refers to the dispute arose between natural persons, legal persons, and other organizations that can be disposed by the parties themselves according to law.

  Article 22 If these measures provide that concrete measures shall be otherwise formulated by the municipal government and its relevant departments, it shall be formulated and put into force within 6 months from the implementation of these measures.

  Article 23 These measures shall go into effect as of May 1, 2012.