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Interim Provisions On The Administrative Conciliation In Guiyang

Original Language Title: 贵阳市行政调解暂行规定

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Provisional provision for administrative mediation in Hindu

(Summit of Hygiene People's Government on 5 April 2012 to consider the publication of the date of publication No. 3 of the Decree No. 3 of 24 April 2012.

Article 1 promotes the administration of the law, prevent and resolve conflicts, innovative social management, the preservation of social harmony and the development of this provision in line with the relevant laws, regulations and regulations.

Article 2

Article 3 refers to “administrative mediation” referred to in this article, which means that the executive branch, in accordance with relevant legal, legislative, regulatory and policy provisions, has reached agreement on the basis of voluntary, equal consultation to resolve conflict-related disputes.

Article IV. Administrative mediation should uphold the principle of who is responsible, legitimate, voluntary and equal, respect for the right to v.

Article 5 Governments of municipalities, districts (markets, districts) should incorporate administrative mediation efforts into the management of the Government of the people at this level, in accordance with the legislative and annual objectives, and establish a joint mechanism for administrative mediation, organized by the same people's rule of law sector.

Article 6 The Government's rule of law sector is responsible for the coordination, guidance, supervision, supervision and supervision of the administrative mediation within the jurisdiction of the communes, and is operationally guided by the Government's rule of law.

The executive organs, such as housing and rural and urban construction, health, public safety, transport, forestry greenization, land resources, human resources and social security, environmental protection, should establish administrative mediation institutions that are relevant to the administrative functions of the Authority, and other relevant administrative bodies should establish administrative mediation agencies, in accordance with their work needs, responsible for mediation of disputes.

The establishment of administrative mediation professional institutions and administrative mediation agencies should be accompanied by commensurate personnel, office premises and facilities to guarantee the normal conduct of administrative mediation.

Article 7. The executive body should strengthen communication with the People's Court, the People's Mediator Organization to improve coordination mechanisms for mediation and judicial mediation, communication and effectiveness.

Article 8. The executive body may communicate the following contradictory disputes on the basis of the application of the parties or its mandate: (i) administrative disputes arising between the executive branch and civil, legal or other organizations;

(ii) Civil disputes that should be governed by the administrative decisions and redeployments of administrative organs;

(iii) Disputes arising between citizens, legal persons or other organizations that are directly linked to the administration.

In making specific administrative acts that can be conciliationd, the executive branch should be informed, on its own initiative, of the right of the parties to apply for administrative mediation to this organ.

Article 9. The parties may apply for administrative mediation either in writing or verbally to the administrative organs competent to the dispute.

An oral application for administrative mediation should record the basic situation of the applicant and the request for mediation, the main facts, reasons, time and so forth.

Article 10. The parties shall apply for administrative mediation, in accordance with the following conditions:

(i) There are clear parties and application matters, factual basis;

(ii) The parties have a direct stake in the conflicting disputes that apply for mediation;

(iii) The application for conciliation is related to the administrative functions of the executive branch and in accordance with article 8 of this provision;

(iv) Contrary disputes that apply for mediation are conciliatory;

(v) The parties, third parties agree on administrative mediation.

Article 11. Administrative disputes are governed by the executive body that conducts specific administrative acts, and the parties reject mediation by the executive body that conducts this specific administrative act, which may apply for mediation to the executive branch at the superior level of the administrative body.

Civil disputes are governed by a dispute or by an administrative body competent to administer it.

Jurisdiction disputes are governed by the same-ranking people's Government; contradictory disputes across zones, municipalities (beginals) are dealt with in consultation with the local governments of both parties, where they are housed, or where they are often inhabited.

Article 12

(i) A simple or urgent and possible triggered conflicting dispute, which is in accordance with the admissibility of the notice of the case and organizes mediation; and the necessary mitigation measures in a timely manner that are incompatible with the conditions of admissibility and report the relevant organs;

(ii) Other conflict-related cases, within 15 working days of the date of receipt of the parties' application, the communication of cases in compliance with the conditions of admissibility and the organization of mediation, which is not in accordance with the conditions of admissibility, informs the applicant of the grounds of the applicant and other means of resolving the dispute. It was not possible to do so within 15 working days, with the approval of the head of the executive branch, to extend the period as appropriate and to communicate the reasons for the extension period to the parties.

Conflicts involve third parties, and the executive branch should inform third parties of their participation in administrative mediation. The parties and third parties may entrust the agents with mediation.

Article 13 provides for major complex cases where heads of executive organs should preside over administrative mediation; other cases may be conciliationd by the parties' choice of mediators or by the executive heads.

Article 14.

(i) To favour private fraud and favour one party;

(ii) Repress, stigma and combat revenge parties;

(iii) Violations of the privacy or commercial secrets of the parties;

(iv) To request, receive the property of the party or to seek other unjustifiable interests;

(v) Other acts that undermine the legitimate rights and interests of the parties.

Article 15. The executive body shall conduct the necessary investigation into the dispute matter and collect relevant evidence. The relevant units and individuals involved in investigation matters should be synchronized.

Article 16 governs conflicting disputes by the executive branch and, if required, may invite the relevant units, professionals or other relevant personnel to support cooperation.

At the beginning of administrative mediation, mediators should declare administrative conciliation disciplines, collate the identity of the parties, declare the rights of the parties and the identity of mediators, recordrs and ask whether the parties or the third party apply for the avoidance.

Article 18 In administrative mediation, the parties have the following rights:

(i) Self-governance, refusal of mediation or call for the cessation of mediation;

(ii) To require open or open mediation;

(iii) Express genuine will and voluntarily reach mediation agreements;

(iv) Other rights under the law.

Article 19 In administrative mediation, the parties shall perform the following obligations:

(i) If the facts of the evidence and the presentation of the dispute are submitted, there shall be no material of proof;

(ii) In compliance with the mediation order, there must be no aggravation of disputes and triggering contradictions;

(iii) Self-response mediation agreements.

Article 20 is one of the following cases for administrative mediators and recorders, who are entitled to apply for their avoidance:

(i) The present party or the close relatives of the party;

(ii) Relationship with the present case;

(iii) It may affect fair mediation of cases.

Administrative mediators or recorders in compliance with the preceding paragraph shall be relocated by a party or a third party.

Article 21, the administrative mediator should be based on the fact that the competent organ collects and the evidence provided by the parties to determine the case and to seek a focus on the dispute resolution of the conflict, with targeted mediation, leading parties to an administrative mediation agreement to resolve disputes.

Mediation orders should be produced by the executive branch to mediate conflict disputes. The administrative mediation records should be fully and faithfully documented and signed by mediators and parties, third parties.

In article 22, an agreement on administrative mediation should be developed by the executive branch.

The letter of administrative conciliation shall contain the following matters:

(i) The basic situation of both parties and thirds;

(ii) The facts of the conflict, the focus of the controversy;

(iii) The content of the parties' agreements and the results of mediation;

(iv) The manner, place and duration of implementation of the agreement;

(v) The signature of mediators, parties and third parties;

(vi) Other matters.

The content of the administrative conciliation agreement shall not be in violation of the provisions of the relevant laws, regulations and policies, without prejudice to the interests of the State, the public interest and the legitimate rights of others.

Article 23. The letter of the administrative mediation agreement shall be carried out by the parties, the third and mediators and the mediation organization's signature of the chapter. The parties are not fulfilling, and the other party may seek the relevant legal remedies.

The letter of the administrative mediation agreement was made by the parties, the third party, and the executive branch was archived.

Article 24 shall terminate administrative mediation until the administrative mediation reached an agreement or the entry into force of an administrative mediation agreement, either party or a third person who is remorse.

The executive branch shall put an end to administrative mediation and shall produce a letter of termination of administrative mediation, which, according to the nature of the case, leads the parties to other lawful means of resolving the conflicting disputes.

Article 25, in accordance with an agreement of a civil contractual nature concluded by administrative mediation, the executive branch should lead the parties to apply for judicial recognition in accordance with the law of the competent People's Court.

Civil disputes have been negotiated with the executive mediation, and the executive branch should lead the parties to apply for judicial recognition or the application of a public certificate in accordance with the law. The administrative mediation agreement, which is confirmed by the judiciary or subject to the law, does not perform or perform it inappropriate, and the creditor can apply to the competent People's Court by law.

Article 26 The executive body should undertake a return to the implementation of mediation agreements by the parties that have concluded administrative conciliation agreements and consolidate the results of mediation. It was found that parties were prompted to fulfil their obligations under administrative mediation agreements.

Following the completion of the administrative conciliation case, administrative mediation staff should be kept in the file in accordance with the requirements of the archives management.

In the case of major complexities, the executive branch should send its letter of administrative mediation agreements and related materials to the same-ranking people's rule of law.

Article 28 provides incentives for units that make significant achievements in the administration of mediation and for individuals who have made a prominent contribution.

Article 29 provides administrative accountability or administrative disposition in accordance with the relevant provisions, in one of the following cases in administrative mediation:

(i) Disadvantaged leadership of administrative mediation organizations, inefficiencies of work, inefficiencies of responsibility, leading to a heightened conflict of disputes;

(ii) No application for administrative mediation is justified;

(iii) Failure to perform administrative mediation responsibilities or to support administrative mediation, the time of the symmetry of conflicting disputes, causing malicious events, group events or other grave consequences;

(iv) Instruction in private fraud and abuse of authority leading to the exacerbation of disputes;

(v) Other misconduct affecting administrative mediation in a fair and timely manner.

In the course of administrative mediation, the parties abuse, beating the parties or other interference, obstructing administrative mediation, are criticized by the relevant administrative organs, in violation of the provisions of the security administration and are punished by law by public security authorities.

Article 33 shall establish rules for the administration of mediation in accordance with this provision.

Article 32 provides for implementation from the date of publication.