Beijing Municipal Administration Of Conciliation

Original Language Title: 北京市行政调解办法

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  Chapter I General provisions article in order to standardize the administration of administrative mediation, timely and effectively resolve disputes and promoting social harmony and stability, according to the relevant regulations of the State and the city, considering the actual situation in the city, these measures are formulated.

The second article of the municipal administrative organs at all levels to carry out administrative mediation, procedures apply.

Laws, rules and regulations on administrative mediation otherwise provides, from its provisions. Third article this city levels administrative organ can law on following dispute disputes for mediation: (a) legal, and regulations, and regulations provides can by administrative organ mediation of citizens, and corporate and other organization Zhijian of disputes (following referred to civil disputes): 1. can for security mediation of civil disputes; 2. traffic accident damage compensation disputes; 3. contract disputes; 4. medical accident compensation disputes; 5. consumers interests protection disputes, and products quality disputes; 6. land contracting business disputes; 7. violations trademark dedicated right, and

Patents and other intellectual property disputes, 8. environmental pollution disputes; 9. power, water disputes; 10. other legal mediation of civil disputes.

(B) between citizens, legal persons or other organizations and the Executive on executive compensation, compensation and executive authorities exercise laws and regulations and rules provided the discretion of dispute (hereinafter referred to as administrative disputes).

Fourth administrative mediation should be voluntary, the principles of lawfulness, fairness, result-oriented.

Fifth of municipal and district and county governments shall strengthen the administrative mediation of leadership within their respective administrative areas, improve the people's mediation, judicial mediation and administrative mediation cohesive, administrative mediation necessary work conditions and financial guarantees, strengthening the construction of administrative mediation.

Municipal, district and County Government Department should be strengthened in this area, the system operational guidance and coordination of administrative mediation work.

Municipal, district and County government legal agencies responsible for the promotion, direct, coordinate and supervise the administrative structure administrative mediation.

The sixth Executive Coordinator of administrative mediation work of the organs of the specialized agencies should be identified, and guide the work of the organ responsible for administrative mediation agencies administrative mediation.

Administrative authority may, based on job requirements and administrative mediation support staff to ensure administrative mediation work.

Administrative mediation requirements included in the present budget of the executive authorities, be guaranteed by the governmental finance.

Seventh administrative organs carry out administrative mediation, should be based on the facts and take law as the criterion and must not harm national interests and public interests, as well as the lawful rights and interests of citizens, legal persons and other organizations.

Executive mediation of civil disputes, should remain neutral and not biased or cover up a party.

Administrative authority the administrative dispute shall not affect performing administrative duties according to law shall be subject to administrative mediation on behalf of the law enforcement.

Eighth administrative organs found in the administrative mediation may cause public security cases, criminal cases or other disputes that affect social stability, it shall promptly notify the public security organ or other competent to deal with the sector.

Nineth in administrative mediation, the parties should abide by the mediation order, respect for persons involved in mediation, truthfully dispute facts, conscientiously implement the agreement of the mediation agreement.

Administrative mediation in the administrative organs shall not refuse to provide evidence the parties may not refuse the request to terminate the mediation the parties.

Chapter two, the tenth civil dispute mediation approach section (a) the provision of civil disputes, the parties may apply for administrative authority under the laws, regulations and rules for mediation.

For mediation of civil disputes the Parties shall comply with the following conditions: (a) directly interested with civil disputes, (ii) specific requests for mediation, fact and reason, (iii) civil dispute has yet to be a people's Court, arbitration institutions, the Organization of people's mediation or other administrative bodies to accept or deal with. Party for mediation of civil disputes should have their basic information, requests for mediation, fact and reason, etc.

Administrative authority shall within 5 working days from the date on which the Parties apply for seek the views of the other party, and to decide whether to accept.

11th administrative organs found in the performance of administrative duties belong to the scope of administrative mediation of civil disputes, may start after the consent of the parties agree to mediation.

12th administrative organs to mediate civil disputes, by its specific administrative agency staff serve as the Chief Mediator of the mediation.

13th the administrative organ decide, shall inform the parties of the time and place of mediation, mediators and other matters, and tips on a dispute over the limitation period of litigation, arbitration; decision inadmissible, shall inform the parties of the reasons.

14th administrative mediator has any of the following circumstances shall be active avoidance; not active avoidance, the parties have the right to apply for his withdrawal: (a) is a party or civil disputes of close kinship with the parties, (ii) and have a stake in the civil dispute and (iii) relationship with other civil disputes the parties, may affect the impartial mediation. Challenged by the parties, the administrative organ shall make a decision on whether to avoid.

Decided to avoid, it shall replace the mediator; does not need to be avoided, and shall inform the parties of reason.

15th Party of citizens, legal persons or other organizations and civil disputes have an interest, you can apply for mediation or notification by the Executive to participate in the mediation.

16th administrative organs to mediate civil disputes, as needed, you can invite relevant organizations, professionals or other persons involved in the conciliation. 17th administrative organs to mediate civil disputes, Parties shall provide evidence.

If necessary, the executive authorities can investigate and collect evidence.

18th administrative organs to mediate civil disputes, shall hear the statements of the parties, to the parties explaining the relevant laws, regulations, rules and policies, in Affairs of distinguishing, and discernment on the basis of legal, guide the voluntary conciliation agreements reached by the parties.

The 19th administrative organs to mediate civil disputes, shall be the executive authorities of the acceptance or the parties agree to mediation within 30th of end complex or other special circumstances, consent may be appropriately extended.

Administration finds that the parties intend gap, do not have an agreement of conditions, can terminate the mediation.

20th as a conciliation agreement, the administrative organ shall draw up a conciliation agreement, conciliation agreement should be signed and sealed by the parties, stamped with the seal of the executive authorities, party holds a copy of Executive retention; see a need to make a written conciliation agreement by the parties, can be an oral agreement, the Chief mediators shall record the agreement, signed and sealed by the parties.

Unable to reach agreement through mediation or to terminate the mediation parties, the administrative organ shall terminate the mediation and shall inform the parties of civil disputes can be resolved through litigation, arbitration and other means.

21st a conciliation agreement shall contain the following particulars: (a) the basic situation of the parties, (ii) mediation request, and (iii) mediation agreement and (iv) other matters set forth.

22nd mediation agreement signed and sealed by the parties, the Executive seal from the date of entry into force; verbal agreements came into effect from the date on which the parties have reached agreement.

23rd the mediation agreement, the parties may apply for notary, or request the people's Court confirmed the effectiveness. 24th case simple conditions, with mediation of civil disputes, the executive authorities can mediate on the spot.

Parties to a conciliation agreement and rates fulfilled, the relevant administrative organ shall be recorded without a conciliation agreement.

Chapter III administrative disputes conciliation article 25th due to article III of this approach (b) provides the administrative dispute may apply for administrative reconsideration or bring an administrative action, administrative reconsideration organs to make a decision or judgement of the Court, pending the determination of administrative acts of the executive authorities with the consent of the parties ' agreement, guided by the administrative reconsideration organ or a people's Court for mediation.

26th the administrative authority administrative disputes can be determined by the administrative act of contractors for specific administrative mediation, can also be determined by other agency-specific administrative mediation.

Original sponsor of the administrative act shall not act as mediator.

27th where a other than the citizens, legal person or other organization has an interest with the administrative dispute, the administrative organ shall notify their participation in mediation.

28th administrative dispute mediators mediation should hear the statements of the parties and to the parties explaining the relevant laws, regulations, rules and policies, inform the parties of the law enforcement Foundation, justification and relevant considerations, response to the client's questions.

29th administrative authority administrative dispute shall, within 15 working days from the date on which the parties agree to the mediation ends. 30th the executive authorities reached an agreement with the parties, the administrative organ shall record agreement.

Party's approval of the original administrative acts or agreements for the executive authorities to change the original of administrative action, the Party withdraws the application for administrative reconsideration or withdrawal of administrative organ change the original of administrative acts shall rescind administrative acts and conduct a new administrative act, and informed the administrative reconsideration organ or a people's Court.

Administrative authorities and the parties could not reach an agreement or to terminate the mediation parties, the administrative organ shall terminate the mediation.

The fourth chapter direction and supervision of the 31st the administrative organs shall establish administrative mediation archive, will record the mediation application, acceptance, process, agreement and other materials about the contents of archives.

32nd administrative organs shall establish a sound statistical analysis of administrative mediation system regularly on administrative mediation caseload, the dispute types, closing data for statistical analysis, and in accordance with the provisions of relevant data and materials submitted to the Government legal agencies.

Administration major administrative mediation cases should be submitted to the Government legal filings in accordance with regulations.

33rd of municipal and district/county government legal agencies should strengthen guidance on administrative mediation work within their respective administrative areas, establish and perfect the administrative conciliation procedures and norms, improve related systems; organization of administrative mediation training for staff on a regular basis, improve the quality of administrative mediation of professional.

34th administrative organs and their staff in the course of administrative mediation fails to perform acts, illegal to perform or improper performance of administrative mediation duties, in accordance with the relevant provisions of the State and this municipality directly in charge of personnel and other persons directly responsible for administrative accountability and administrative sanctions. The fifth chapter supplementary articles article 35th legal and authorized rights to administer public affairs organizations to carry out administrative mediation, procedures apply.
36th civil disputes of Parties included in these measures the parties and administrative disputes administrative relative person. 37th article of the rules take effect on September 1, 2015.