People's Republic Of China People's Mediation Law

Original Language Title: 中华人民共和国人民调解法

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(August 28, 2010 adopted by the 16th session of the Standing Committee of the 11th NPC) People's Republic of China presidential order (34th)

People's Republic of China people's mediation law are carried out by People's Republic of China the 16th meeting of the Standing Committee of the 11th NPC on August 28, 2010, are hereby promulgated and, as of January 1, 2011.

People's Republic of China President Hu Jintao list of August 28, 2010

Chapter I General provisions

Chapter II the people's mediation committees

Chapter III civil mediators

The fourth chapter mediation program

The fifth chapter mediation agreement

The sixth chapter supplementary articles

Chapter I General provisions

First in order to improve the system of people's mediation, regulate people's mediation activities, timely resolution of civil disputes and maintain social harmony and stability, according to the Constitution, this law is enacted.

Article people's mediation in this law refers to the people's mediation committees through such methods as persuasion, counseling, consultation on an equal footing on the basis of voluntary conciliation agreements reached by the parties, resolve disputes among the activities.

Article people's mediation committees to mediate civil disputes, should be guided by the following principles:

(A) on the basis of voluntary participation, equality of the parties to mediate;

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

(C) respect the rights of the parties, shall not be blocked because of the mediation the parties through arbitration, administrative, judicial and other means to protect their own rights.

Article fourth people's mediation committees to mediate civil disputes, does not charge any fees.

Fifth Judicial Administration Department under the State Council is responsible for directing the national work of people's mediation, local people's Governments at or above the county level judicial administration Department is responsible for directing the administrative region of the people's mediation work.

Basic-level people's Court of the people's mediation committees to mediate disputes among the operational guidance. Sixth the State encourages and supports the people's mediation work.

Local people's Governments at or above the county level shall give the necessary requirements for the work of people's mediation support and security, have made outstanding contributions to the people's mediation committees and people's mediators give awards according to state regulations.

Chapter II the people's mediation committees

Article seventh people's mediation committees were legally established mediation of disputes among the mass organizations. Article eighth villagers ' committees and residents ' Committee set up a people's Mediation Committee.

According to the needs of enterprises and institutions to establish a people's Mediation Committee.

Members of the people's Mediation Committee consists of between three and nine people, have one Director and, if necessary, and may have a Deputy Director to a number of people.

People's mediation committees should have women members, multi-ethnic residential area should have fewer ethnic members.

Nineth members of villagers ' committees and residents ' Committee of the people's Mediation Committee by the villagers ' meetings or villagers ' representative conferences, residents elected; members of the people's Mediation Committee by the workers of the enterprises and institutions set up Assembly, the elected representatives of the employees or the trade union organization.

Members of the people's Mediation Committee for a term of three years and shall be eligible for re-election.

Tenth County judicial administration departments should be the establishment of the people's mediation committees within their respective administrative areas were collected, and the people's mediation committees and staff and advise promptly of any adjustment of the grass-roots people's courts.

11th people's mediation committees shall establish and improve the mediation work, listen to the opinions of the masses, and accept supervision by the masses.

Article 12th villagers ' committees, neighborhood committees, enterprises and institutions shall provide Office for people's mediation committees work conditions and necessary funding.

Chapter III civil mediators

13th people's mediators by the people's Mediation Committee members and appointed officers of the people's Mediation Committee.

14th people's mediators should be fair and honest, warm-hearted people's mediation work, and has a certain level of literacy, policies and legal knowledge of adult citizens.

County judicial administration departments should carry out regular business training for arbitrators.

15th people's mediators in the mediation of any one of the following acts, by the people's mediation committees give criticism and education, shall be ordered to correct, if the circumstances are serious, be removed from Office or dismissed by the elected or appointed:

(A) favour one of the parties;

(B) the insulted party;

(C) to ask for or accept property or seek any other illegitimate benefits;

(D) the divulging of personal privacy or commercial secrets.

16th people's mediators in the mediation efforts should be given the appropriate subsidized; for engaging in mediation work injury disability and life difficult, local people's Governments should provide the necessary medical and living assistance; the people's mediation work of the people's mediators, their spouses, their children enjoy compensation and preferential treatment according to state regulations.

The fourth chapter mediation program 17th a party may apply to a people's Mediation Committee mediation; Mediation Committee can also take the initiative to mediate.

The other party expressly refused mediation, not mediation.

18th basic people's Court people, public security organs appropriate for mediation to solve the dispute before accepting and you can apply for mediation shall inform the parties to the Mediation Committee.

19th the people's Mediation Committee, on the need for dispute, may appoint one or more arbitrators to mediate, or one or more arbitrators selected by the parties to mediate.

20th civil mediator, based on the need for dispute, with the consent of the consent of the parties, may invite relatives, neighbors, colleagues and other parties involved in the conciliation, can also invite special knowledge and specific experience of persons or social organizations involved in the conciliation.

People's mediation committees support local fair and honest, enthusiastic mediation, public recognition of community participation in mediation.

21st people's mediators to mediate civil disputes, should adhere to principles, out analysis, to ensure fair play.

Mediation of civil disputes, should be timely, in-place, and avoid escalation.

22nd people's mediators according to the different disputes, various steps can be taken to mediate civil disputes and listened to statements of the parties to explain the relevant laws, regulations and national policies, patient counseling, the parties on the basis of equal consultation, mutual understanding and mutual accommodation proposed dispute resolution to help voluntary conciliation agreements reached by the parties.

23rd the parties in mediation activities shall enjoy the following rights:

(A) select or accept the people's mediators;

(B) accept, reject, to terminate the mediation or conciliation;

(C) requested mediation in public or in private;

(D) autonomous expression of will, voluntary mediation agreement is reached.

24th in activities of people's mediation, the Parties shall perform the following obligations:

(A) factual disputes facts stated;

(B) comply with the mediation order, respect for people's mediators;

(C) respecting the exercise of the rights of the other party.

25th people's mediators in the dispute resolution process, discovery disputes are likely to intensify, targeted preventive measures should be taken; the dispute has the potential to cause public security cases, criminal cases, should be reported to the local police department or other relevant departments in a timely manner.

26th people's mediators to mediate disputes, mediation, mediation shall be terminated, and according to the provisions of relevant laws and regulations, inform the parties through arbitration, administrative, judicial and other means to protect their own rights. 27th people's mediators shall record information.

People's mediation committees shall establish mediation work in archives, record the registration of conciliation, mediation, a mediation agreement and other materials filing.

The fifth chapter mediation agreement 28th as a people's Mediation Committee mediation mediation agreement is reached, a conciliation agreement.

See a need to make a written conciliation agreement by the parties, can be an oral agreement, mediators shall record the agreement of the people.

29th mediation agreement will set forth the following:

(A) the basic situation of the parties;

(B) disputes the main facts, issues and responsibilities of the parties;

(C) when the parties reach a mediation agreement, fulfilling the method and time limit. Mediation agreement signed and sealed by the parties or fingerprinted, people's mediators signed and sealed by the people's mediation committees from the date of entry into force.

Mediation agreement by the party holds a copy of people's Mediation Committee retained a copy.

Article 30th oral mediation agreement reached by the parties from the date of entry into force of the agreement.

31st mediation agreement reached in conciliation by the people's mediation committees, legally binding, the Parties shall, in accordance with the contract.

People's mediation committees shall be to supervise the implementation of the settlement agreement, and urging the parties to fulfil a contractual obligation.

Article 32nd after mediation by the people's Mediation Committee mediation agreement is reached, a mediation agreement between the parties to fulfil or mediation agreement dispute, a party may initiate litigation to the people's Court.

Article 33rd after mediation by the people's Mediation Committee mediation agreement is reached, both parties consider it necessary, May 30th after the effective date of the mediation agreement together to the Court for judicial confirmation, the people's Court shall promptly review the mediation agreement, the law confirmed the effectiveness of the mediation agreement.

Court confirmed conciliation agreements effective party decline or failure to perform, the other party may apply to a people's Court for compulsory execution.

Court confirmed conciliation agreements invalid, passed the people's mediation the parties may change the original settlement agreement or reach a new settlement agreement, or you can initiate litigation to the people's Court.

The sixth chapter supplementary articles

34th towns, streets, and communities or other organizations based on the need to refer to this Act provided for the establishment of the people's Mediation Committee, mediation of civil disputes. 35th article of the law shall enter into force on January 1, 2011.