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Beijing Municipal Administration Of Conciliation

Original Language Title: 北京市行政调解办法

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Chapter I General

Article 1, in order to regulate the administrative mediation of administrative organs, to promote social harmony and stability in a timely and effective manner, and to develop this approach, in accordance with the relevant provisions of the State and the city.

Article 2

The laws, regulations, regulations and regulations provide for administrative mediation, as well as their provisions.

Article 3

(i) Disputes between citizens, legal persons and other organizations that may be conciliationd by the executive branch (hereinafter referred to as civil disputes):

Civil disputes that can be settled by security mediation;

Transport accidents undermine compensation disputes;

Contract disputes;

Compensation for medical accidents;

Consumer rights protection disputes, product quality disputes;

Disputes relating to land contracting;

Violations of the dispute of compensation of intellectual property, such as the right to patent, etc.;

Environmental pollution compensation disputes;

Electricity disputes, water disputes;

Other civil disputes that can be resolved by law.

(ii) Disputes arising between citizens, legal persons or other organizations and administrative organs concerning administrative compensation, compensation and the exercise by administrative organs of the right to discretion under the laws, regulations and regulations (hereinafter referred to as administrative disputes).

Article IV should be guided by voluntary, legitimate, fair and results-oriented principles.

Article 5 Municipal and district, and district governments should strengthen the leadership of administrative mediation in the current administration area, the mechanisms for the facilitation of administrative mediation and the facilitation of judicial mediation, the necessary conditions of work and funding for administrative mediation and the strengthening of the administrative mediation.

The municipal and district sectors of government work should enhance operational guidance and coordination in the field, the system's administration.

The municipal and district government rule of law institutions are responsible for promoting, guiding, coordinating and monitoring administrative mediation efforts in this administrative region.

Article 6. The executive body shall determine the administrative mediation of the specialized agencies in the integrated organs and shall guide the executive mediation of the body responsible for administrative mediation.

The executive branch may hire administrative mediation support staff to ensure that administrative mediation is carried out in a normal manner, in accordance with its work.

The requirements for administrative mediation are included in the budget of the executive branch, which is guaranteed by the current level of finance.

Article 7. Administrative mediation should be based on fact-finding, in accordance with law, without prejudice to national interests, public interests, and legitimate rights of citizens, legal persons and other organizations.

The mediation of civil disputes by the executive organs should be objectively neutral and should not favour and cover the parties.

The mediation of administrative disputes by administrative organs shall not affect the performance of administrative functions under the law and shall not be replaced by administrative mediation.

Article 8. In administrative mediation, administrative authorities have found disputes that may give rise to security cases, criminal cases or other disputes affecting social stability, and should inform the public security organs or other authorities in a timely manner.

Article 9. The parties should respect the mediation order in administrative mediation and respect the persons involved in the mediation, as is the case with the facts of the disputed dispute, in order to carry out their mediation agreements.

In administrative mediation, the executive branch shall not refuse to provide evidence by the parties and shall not deny the parties the requirement to terminate the mediation.

Chapter II Civil dispute mediation

Article 10 provides for civil disputes under Article 3, paragraph (i), of this approach, where the parties may apply for mediation by the executive organs under the laws, regulations and regulations.

The parties' application for mediation of civil disputes should be in accordance with the following conditions:

(i) Be directly related to civil disputes;

(ii) There are specific requests for mediation, facts and reasons;

(iii) Civil disputes have not been dealt with or dealt with by the People's Court, the arbitration body, the People's Mediation Organization or other administrative bodies.

The parties' application for mediation of civil disputes should explain their basic situation, conciliation requests, facts and grounds. The executive branch shall seek the views of the parties within five working days from the date of the application of the parties and decide whether to proceed.

Article 11. Civil disputes that are within the scope of administrative mediation are found by the executive organs in the exercise of their administrative responsibilities, and mediation can be initiated with the consent of the parties.

Article 12 Mediation of civil disputes by the executive branch, with the staff of its agencies specifically responsible for administrative mediation.

Article 13. The executive body decides that mediation shall be informed of the time, place, mediation, etc. of the parties' mediation, and shall indicate the duration of the prosecution of disputes, the limitation of the application for arbitration; and shall be informed of the reasons for the parties.

Article 14. The executive mediator has one of the following cases, which should be resisted on its own initiative, and the parties have the right to apply for the avoidance of:

(i) It is a party to a civil dispute or a close relationship with the parties;

(ii) Relations with civil disputes to be beneficial;

(iii) Other relations with parties to civil disputes may affect fair mediation.

The parties apply for avoiding, and the executive body should make a timely decision to avoid. The decision to avoid should be replaced in a timely manner by administrative mediators; there is no need to avoid and inform the parties of the reasons.

Article 15. Civil, legal or other organizations other than the parties are in the interest of civil disputes, which may apply for participation in mediation or notification by the executive branch of their participation in mediation.

Article 16 governs civil disputes by the executive branch and, as required, may invite the relevant units, professionals or other relevant personnel to participate in mediation.

Article 17 Mediation of civil disputes by the executive body, the parties should provide evidence. Where necessary, the executive body can investigate the evidence itself.

Article 18 mediation of civil disputes by the executive branch should be heard by the parties, interpret the relevant laws, regulations, regulations and policies, and guide the parties to enter into mediation agreements on a voluntary basis on the basis of merit, resolution.

Article 19 Mediation of civil disputes by executive organs shall be concluded within 30 days of the date of receipt by the executive branch or the consent of the parties to the conciliation; the complexity or other exceptional circumstances may be extended appropriately, with the consent of the parties.

The executive body considers that the parties have a greater desire gap and that there is no condition for an agreement to terminate mediation.

Article 20, which was agreed upon by mediation, should produce a letter of mediation agreement whereby the conciliation agreement should be signed by the parties, in a chapter, in addition to the chapter of the executive branch, where the parties were in a position to do so; the parties were of the opinion that there was no need to produce a letter of mediation agreement and that an oral agreement could be adopted whereby administrative mediators should record the content of the agreement and the parties sign, chapter.

The executive body should terminate mediation and inform the parties that civil disputes can be resolved through litigation, arbitration, etc.

Article 21

(i) The basic situation of the parties;

(ii) Request for mediation;

(iii) The content of mediation agreements;

(iv) Other matters.

Article 2

Article 23 allows the parties to apply, in accordance with the law, to a public certificate or to apply to the People's Court for confirmation of effectiveness.

Article 24 allows the mediation of the executive branch in cases where there is a simple civil dispute with the conditions of mediation. When there is agreement on mediation and when the parties are able to do so, the executive body should record the relevant situation and do not need to produce conciliation agreements.

Chapter III

Article 25. The parties may, with the consent of the parties, communicate under the guidance of the executive review body or the People's Court, for administrative disputes under Article 3, paragraph (ii) of this scheme, for administrative disputes which apply for administrative review or administrative proceedings.

Article 26 Mediation of administrative disputes by the executive branch may determine the specific assumption of administrative mediation by the pre-administered body of administrative conduct, or also determine whether administrative mediation is specifically undertaken by other agencies.

The successor of the former administrative act shall not serve as a mediator.

Article 27, civil, legal or other organizations other than the parties, have a stake in administrative disputes, and the executive body should inform them of their participation in mediation.

Article 28 Mediation of administrative disputes by mediators should be heard by the parties to address relevant laws, regulations, regulations and policies to the parties, to inform the parties of the law enforcement grounds, reasons and relevant considerations and to respond to the parties' questions.

Article 29 mediation of administrative disputes by executive organs shall end within 15 working days from the date of the consent of the parties to the mediation.

Article 33, an agreement between the executive branch and the parties, should be recorded by the executive branch. The parties recognize the former administrative act or the change of administrative conduct by the executive branch in accordance with the agreement, the parties withdrew the application for administrative review or the withdrawal of the prosecution; the change of administrative conduct by the executive branch should be removed, the resubmission of administrative acts and inform the executive review body or the People's Court.

The executive branch cannot reach agreement with the parties or the parties have called for an end to mediation.

Chapter IV Guidance and oversight

Article 31 should establish administrative mediation files and document relevant material files, such as conciliation requests, admissibility, process, agreement.

Article 32 should establish a statistical analysis system for the sound administration of mediation and conduct statistical analyses of administrative conciliation cases, the type of disputed disputes, the modalities of the closure and inform the Government's rule of law bodies accordingly.

Major administrative mediation cases should be sent to the Government's rule of law bodies in accordance with the provisions.

Article XIII should strengthen the guidance on administrative mediation efforts in this administrative area, establish procedures and norms for the sound administration of mediation and improve the accompanying system; and organize regular operational training for administrative mediation staff and improve the professional quality of administrative mediation staff.

Article 34 quantification of administrative organs and their staff in the administration of conciliation, in breach of the law and inadequacies in the performance of administrative mediation responsibilities, and administrative accountability and administrative disposal of competent and other direct responsible personnel directly responsible under the relevant provisions of the State and the city.

Chapter V

Article XV governs administrative mediation by organizations that are mandated by law, legislation and regulations to administer the functions of public affairs.

The parties referred to in article 16 of this approach include the relative executives of both parties to civil disputes and administrative disputes.

Article 37 is implemented effective 1 September 2015.