Interim Provisions On The Administrative Conciliation In Guiyang

Original Language Title: 贵阳市行政调解暂行规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201209/20120900376417.shtml

Interim provisions on the administrative conciliation in Guiyang

    (April 5, 2012, Guiyang municipal people's Government Executive meeting April 24, 2012, Guiyang municipal people's Government announced come into force on the date of promulgation, 3rd) first to standardize the administrative mediation, promoting administration according to law, and the prevention and resolution of conflicts and disputes, innovation in social management, maintaining social harmony and stability, in accordance with the relevant laws and regulations, combined with the city's actual, these provisions are formulated.

    Second city and area (city, County) people's Governments and their departments and other organizations with administrative functions according to law (hereinafter "Executive") administrative mediation work carried out, these provisions shall apply.

    Provisions of this article, the term "compromise", refers to the administrative authorities, in accordance with relevant laws, regulations, rules and policies, disputes related to its administrative function, through guidance, persuasion, education, prompting the parties reached an agreement on the basis of voluntary and equal consultation, to resolve disputes.

    Fourth administrative mediation shall adhere to who is in charge of who's in charge, in accordance with reasonable and voluntary equality, respect for the right, timely, convenient and promote the principle of harmony.

    Fifth of municipal, district (city, County) people's Governments shall include administrative mediation work in administration by law of the people's Governments at the corresponding level and annually target management, establishing administrative conciliation meeting system, carried out by the people's Government at the Department of Legal Affairs Organization. Sixth municipal Legislative Affairs Department responsible for coordinating, guiding, supervising, examining administrative mediation work in the city.

    Regions and municipalities (counties) Legislative Affairs Department is responsible for coordination, guidance and supervision, appraisal administrative mediation-related work in this area, and businesses accept the guidance of municipal law departments.

    Housing and urban-rural development, public health, public security, transportation, forestry, afforestation, land and natural resources, human resources and social security, environmental protection and other administrative organs shall establish administrative conciliation of professional bodies relating to the administrative functions of the authority and other relevant administrative organs shall, in accordance with the need to establish administrative mediation bodies, responsible for disputes and mediation.

    Executive administrative professional mediation and administrative mediation agencies, personnel, Office space and facilities should be equipped with the appropriate equipment, ensure that the mediation is working properly.

    Seventh administrative authorities should strengthen communication links with the people's Court, the Organization of people's mediation, administrative mediation and judicial mediation, people's mediation join coordinated, cohesive information communication and effectiveness.

    The eighth administrative organs of the parties can request or according to the terms of reference of the mediation for disputes on the following contradiction: (a) between the executive authorities and the citizens, legal person or other organization of administrative disputes;

    (B) administrative adjudication by administrative organs according to law, and mediation of civil disputes;

    (C) between citizens, legal persons or other organizations directly associated with administrative disputes.

    Administrative organs may mediate the specific administrative act, shall take the initiative to inform the parties of the right to the authority for administrative mediation.

    Nineth party may, in writing or orally to the contradictions and disputes or administrative authority for administrative mediation that has administrative rights.

    Oral application of administrative mediation, administrative authorities shall record the applicant's basic situation and requests for mediation, the main facts, reasons, and so on.

    Tenth party applying for administrative mediation, shall comply with the following conditions:

    (A) clear and applications by the parties and the facts;

    (B) disputes apply for mediation with the parties directly interested;

    (C) applications for conciliation of disputes related to the administrative functions of the Executive, and in accordance with the provisions of the present article eighth;

    (D) applications for conciliation mediation of the conflicts and disputes;

    (E) the consent of the parties, the third administrative mediation.

    11th administrative disputes by making specific administrative acts of the administrative authority, the party refused to be made by the administrative authority of the specific administrative act, may apply to the Executive level administrative organs for mediation.

    Civil disputes the disputes or administrative authority that has administrative rights.

    Jurisdiction dispute, jurisdiction specified by the people's Governments at the same level; across regions and municipalities (counties) of contradictions and disputes, domicile or habitual residence of both parties by the people's Governments at the county level accepted, the consultation fails, the municipal people's Government exercise jurisdiction.

    12th administrative organs of party administrative mediation applications received, with the consent of the consent of the other party, in accordance with the following provisions:

    (A) the simple or the urgency of the situation, the possible intensification of contradictions and disputes, is admissible to cases receiving notification and organization mediation; not admissible to take the necessary mitigating dispersion measures, and report the relevant authorities; (B) other disputes and cases, from the date of receipt of the application within 15 working days, it is admissible to receive notification and organization in cases of mediation, not admissible inform in writing the applicant inadmissible grounds and other ways of resolving disputes.

    Within 15 working days cannot be concluded, approved by the heads of the Executive, may be appropriately extended time limit, and shall inform the parties of the reasons for the extension. Disputes involving third parties, the administrative organ shall notify the third party of administrative mediation.

    Parties and third persons may entrust an agent to participate in the mediation.

    13th on important and complicated cases, Executive Director shall preside over the administrative conciliation; in other cases, by the parties choose mediation officer or conciliation by the designated mediator, head of the Executive.

    14th administrative mediation staff in handling administrative cases shall not be any of the following acts: (a) engage in favour one of the parties;

    (B) repression, humiliation, or retaliate against the party;

    (C) violate the privacy of the parties or trade secrets;

    (D) to ask for or accept the party's property or to gain other improper interests;

    (E) other acts that damage the lawful rights and interests of the parties. 15th disputes should be the executive authorities to conduct necessary investigations, collect evidence.

    Involved in the investigation of the relevant units and individuals shall meet.

    16th administrative organs to mediate disputes, as needed, professionals or other persons concerned may be invited to participate in, and was invited to the unit or individual should support.

    17th administrative mediation began, mediator should declare that the mediation of discipline, reconciliation party, announced that the rights and obligations of the parties and the mediator, recording the identity of persons, asked whether the client or a third person apply for withdrawal.

    18th in administrative mediation activities, shall enjoy the following rights:

    (A) the independent conciliation, refused to terminate the mediation or conciliation;

    (B) the request for a public or private mediation;

    (C) the expression of the true will of, voluntary mediation agreement is reached;

    (Iv) other's rights according to law.

    19th in administrative mediation, the Parties shall perform the following obligations:

    (A) disputes the fact that truthfully submit the relevant evidence and statements, shall not provide false supporting documents;

    (B) comply with the mediation order, not exacerbate disputes and fanning the conflicts;

    (C) consciously perform the mediation agreement.

    20th Chief Mediator and records any of the following circumstances, a party or a third party is entitled to for his withdrawal:

    (A) is a party to the case or the parties concerned close relatives;

    (B) have a stake in the case;

    (C) may affect the impartial mediation in the case.

    Conform to the circumstances prescribed in the preceding paragraph, the administrative mediator or record-keepers, a party or a third party put forward a request for disqualification to, the executive authorities should be replaced.

    21st administrative mediator should be based on the administrative organ shall collect and provide evidence of facts by the parties, for finding contradictions and disputes the focus of controversy, mediating in a targeted manner to guide administrative mediation agreement reached by the parties to resolve the dispute. Executive mediation disputes, should conciliation take dictation.

    Administrative mediation record shall be fully and truthfully record the mediation process, and signed by the mediator and the parties, third.

    22nd administrative conciliation agreement, the administrative organ shall make administrative mediation agreement.

    Administrative mediation agreement shall set forth the following:

    (A) the basic situation of the parties and third persons;

    (B) disputes the fact, at issue;

    (C) the content of the agreement of the parties and the mediation results;

    (D) the manner, the place, duration of the agreement;

    (E) the signature of the mediator, the parties and the third;

    (Vi) other matters.

    Administrative mediation agreement relating to the content shall not violate the laws, rules, regulations and provisions of the policy and must not harm national interests and public interests, the legitimate rights and interests of others. 23rd administrative mediation agreement from both parties, third parties and mediators, mediation organizations signed and sealed from the date of entry into force, the Parties shall conscientiously fulfil.

    A party does not comply, the other party may seek legal remedy.

    Administrative mediation agreement by the parties, third party armed with a copy and archive a copy of the executive authorities.

    24th after administrative mediation reached an agreement or compromise before the entry into force of the agreement, a party or a third party back, the administrative organ shall terminate the administrative mediation.

    Administrative organs terminate the administrative mediation, administrative mediation notice of termination shall be made, according to the nature of the case, guide the parties resolve disputes and other legal means.

    25th as the nature of a civil contract agreement administrative mediation, administrative organs shall guide the Parties shall apply to the court having jurisdiction for judicial confirmation. After administrative mediation of civil disputes reached a payment agreement, the administrative organ shall guide the Parties apply for judicial confirmation or applying for notarization of notarial law. The Executive after judicial confirmation or notarized according to law, the mediation agreement, obligor fails to perform or to inappropriate, the creditor may apply to the court having jurisdiction according to law for enforcement.
    26th the administrative organ shall perform the mediation agreement the parties of the mediation agreement executive pay, consolidating the conciliation results.

    Found the problem, urging the parties to implement the obligations agreed in the settlement agreement.

    The 27th after administrative mediation case, administrative conciliation staff shall, in accordance with records management requirements, organize archives by case volume.

    Grave and complex cases, the administrative organ shall be the administrative mediation agreement and related materials submitted to the Legislative Affairs Department of the people's Governments at the same level for the record.

    28th administrative mediation have made outstanding achievements in work units and outstanding contribution of individuals, the same level people's Governments shall give commendations awards.

    29th administrative organs and their staff in the administration of mediation work in the following circumstances, in accordance with the relevant regulations of administrative accountability or administrative sanctions:

    (A) administrative mediation organization leadership, not the implementation, responsibility is not in place, leading to disputes outstanding;

    (B) no legitimate reason not to accept an application for administrative mediation;

    (C) not to implement the mediation duties or does not support administrative mediation, delay timing disputes mediation and led to vicious events, group event, or other serious consequences;

    (D) favoritism, abuse of power leading to intensification of contradictions and disputes;

    (V) other administrative mediation of Justice, misconduct in a timely manner.

    30th party in the course of administrative mediation, insulted, beaten by the other party, or if there are other acts of interference, obstruction of administrative mediation work, the relevant administrative authorities shall give criticism; breach of security regulations, the public security organs shall be punished.

    Relevant administrative organs shall, in accordance with the provisions of article 31st administrative mediation rules are formulated. 32nd these provisions come into force on the date of promulgation.