Regulations of Guizhou Province on People's Mediation

Chapter I General Provisions Article 1 In order to standardize and strengthen people's mediation work, effectively prevent and resolve civil disputes in time, and maintain social harmony and stability, these Regulations are formulated in accordance with the provisions of the China People's Opinion Poll Measures and other relevant laws and regulations, combined with the actual situation of this province. Article 2 These Regulations shall apply to people's mediation within the administrative area of this province. Article 3 The people's mediation mentioned in these Regulations refers to the activities of the people's mediation committee to persuade the parties to reach a mediation agreement voluntarily on the basis of equal consultation, so as to resolve civil disputes.

The People's Mediation Committee is a mass organization established according to law to mediate civil disputes. Article 4 No organization or individual other than the People's Mediation Committee may carry out mediation activities in the name of people's mediation.

The People's Mediation Committee does not charge any fees for mediating civil disputes. Article 5 People's mediation activities shall follow the following principles:

(1) conducting mediation on the basis of voluntariness and equality of the parties;

(two) does not violate the laws, regulations, national policies and public order and good customs;

(three) respect the rights of the parties, and shall not prevent the parties from safeguarding their rights through arbitration, administration, justice and other means according to law because of mediation. Article 6 People's governments at all levels shall encourage and support people's mediation, bring it into the social governance system, promote the organizational structure and working mechanism of people's mediation committees, and improve the linkage system of people's mediation, administrative mediation and judicial mediation. Article 7 The judicial administrative departments of the people's governments at or above the county level shall be responsible for guiding the people's mediation work within their respective administrative areas. The judicial office specifically guides the daily work of the people's mediation committee within its jurisdiction.

The grass-roots people's courts shall provide professional guidance to the mediation activities of the people's mediation committees within their respective jurisdictions. Eighth people's governments at or above the county level public security, civil affairs, finance, human resources and social security, health, market supervision, housing and urban and rural construction and other relevant departments, within the scope of their respective duties, support the people's mediation work.

Trade unions, women's federations, disabled persons' federations and enterprises and institutions shall cooperate with people's mediation work. Ninth people's governments at or above the county level shall, in accordance with the relevant provisions of the state and the province, commend and reward the people's mediation committees and people's mediators who have made outstanding achievements and contributions. Article 10 Citizens, legal persons and other organizations are encouraged to support, participate in and cooperate with people's mediation.

Advocate citizens, legal persons and other organizations to give priority to people's mediation to solve civil disputes. Chapter II People's Mediation Committees Article 11 Villagers' committees and residents' committees shall establish people's mediation committees. People's mediation committees may be established in towns and streets. Enterprises and institutions may set up people's mediation committees as needed.

Relevant social groups and other organizations may, according to needs, set up professional and professional people's mediation committees in areas where civil disputes are prone to occur frequently, such as medical care, consumption, marriage and family, property services, traffic accidents and ecological environment. Twelfth members of villagers' committees, residents' committees and people's mediation committees of enterprises and institutions shall be elected in accordance with the relevant provisions of the People's Republic of China (PRC) Public Opinion Poll Law.

Members of the township and street people's mediation committees shall be selected from the following personnel:

(a) other members of the people's mediation committee established in the township or street area;

(two) the staff of the township and street judicial offices;

(three) adult citizens who live in their own towns and streets, have certain legal knowledge and professional knowledge, and are enthusiastic about people's mediation work.

Members of industrial and professional people's mediation committees are elected by the organizing units or organizations.

The term of office of members of the People's Mediation Committee shall be implemented in accordance with state regulations. Thirteenth tasks of the people's mediation committee include:

(a) to mediate civil disputes and promote social harmony;

(two) to carry out the investigation of civil disputes to prevent the occurrence and intensification of civil disputes;

(three) to publicize laws, regulations, rules and policies through mediation, and guide citizens to abide by laws and social ethics;

(four) to reflect the situation of civil disputes and mediation work to the established units or organizations and the grassroots people's governments. Article 14 The people's mediation committee may set up people's mediation studios in grass-roots units such as grass-roots people's courts, people's procuratorates, public security organs, letters and visits institutions, etc., which centrally accept and handle contradictions and disputes.

The people's mediation committee may set up a personal mediation studio for people's mediators with professional expertise and high social credibility.

The people's mediation committees of villagers' committees and residents' committees may set up people's mediation groups in natural villages and residential areas (buildings) according to needs.

The people's mediation committee shall strengthen the guidance, supervision and management of people's mediation studios, individual mediation studios and people's mediation teams. Fifteenth people's mediation committee, the people's mediation committee set up units or organizations in any of the following circumstances, it shall submit relevant information and materials to the judicial administrative department of the local people's government at the county level within 30 days:

(a) the establishment, alteration and cancellation of people's mediation organizations;

(2) The appointment, removal, recall and dismissal of people's mediators.

The judicial administrative department of the people's government at the county level shall promptly notify the local grassroots people's court of the situation specified in the preceding paragraph and announce it to the public.