Article 1 These Regulations are formulated for the purpose of regulating commercial mediation activities, promoting the healthy development of the commercial mediation industry, timely and effectively resolving commercial disputes, protecting the legitimate rights and interests of the parties and optimizing the business environment.
Article 2 The term "commercial mediation" as mentioned in these Regulations refers to the activities in which the parties voluntarily settle commercial disputes in the fields of trade, investment, finance, transportation, real estate, engineering construction and intellectual property rights through friendly negotiation under the auspices of commercial mediation organizations. Disputes over marriage and family, inheritance, guardianship, living and consumption, and disputes that should be resolved by other means according to law are not applicable to commercial mediation.
Commercial mediation organizations as mentioned in these Regulations refer to non-profit legal persons established and engaged in commercial mediation activities in accordance with the provisions of these Regulations.
Article 3 Commercial mediation activities shall follow the principles of voluntariness, legality, honesty and confidentiality.
Article 4 The judicial administrative department of the State Council shall guide and supervise the national commercial mediation work according to law, and make overall plans for the development of the commercial mediation industry.
The judicial administrative departments of local people's governments at or above the county level shall guide and supervise the commercial mediation work within their respective administrative areas according to law.
Article 5 Self-regulatory organizations in the commercial mediation industry shall carry out self-regulation in accordance with laws, regulations and articles of association, and accept the guidance and supervision of the judicial administrative department.
Article 6 The State shall improve the linking mechanism between commercial mediation and litigation, arbitration and notarization, so as to provide efficient and convenient ways for the parties to settle disputes.
The judicial administrative department shall, jointly with relevant departments, strengthen the publicity of commercial mediation and promote the use of mediation to solve commercial disputes.
Article 7 The establishment of a commercial mediation organization shall meet the following conditions:
(1) The promoter is a non-profit legal person;
(2) Having a standardized name, which contains the words "commercial mediation";
(3) Having its own domicile and articles of association;
(4) Having necessary property;
(five) there are more than five commercial mediators.
Article 8 To establish a commercial mediation organization, the applicant shall apply to the judicial administrative department of the municipal people's government where the district is located, and submit an application for registration and relevant materials. The applicant shall be responsible for the authenticity of the application materials.
The department accepting the application shall conduct a preliminary examination within 20 working days from the date of acceptance, and submit the examination opinions to the judicial administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. The judicial administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall conduct an examination within 10 working days after receiving the examination opinions and make a decision on whether to approve the registration. If registration is granted, a registration certificate shall be issued to the applicant. If the registration is not approved, the reasons shall be explained in writing to the applicant.
Article 9 The judicial administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall compile a list of commercial mediation organizations within their respective administrative areas and make it public.
Article 10 If a commercial mediation organization changes its name, domicile, articles of association, person in charge and other matters, it shall go through the registration of change with the original registration department within 30 working days from the date of making the resolution or decision on the change or the legal change.
If a commercial mediation organization decides to dissolve itself or its registration certificate is revoked according to law, the original registration department shall cancel the registration according to law.
Article 11 Commercial mediation organizations shall employ commercial mediators from fair and decent personnel. A commercial mediator shall meet one of the following conditions:
(1) Having obtained the legal professional qualification through the national unified legal professional qualification examination, and having been engaged in commercial mediation for 3 years;
(two) engaged in lawyers, arbitration, notarization or served as a judge or prosecutor for three years;
(3) Having relevant professional knowledge in law, economy, science and technology, engaging in professional work in law, economy and trade, and having a title above the intermediate level or equivalent professional level;
(four) before the implementation of these regulations, he has been engaged in commercial mediation for 3 years and has a bachelor's degree or above.
A public official who concurrently serves as a commercial mediator shall abide by the relevant provisions.
Commercial mediators shall participate in training in accordance with relevant regulations.
Article 12 Commercial mediation organizations shall collect commercial mediation fees in accordance with the principles of fairness and reasonableness.
Thirteenth commercial mediation organizations should establish internal management systems such as business management, conflict of interest review and complaint handling.
The articles of association, registration information, roster of commercial mediators, mediation rules, mediation fee standards and other information of commercial mediation organizations shall be disclosed to the public in a timely manner.
Article 14 In case of a commercial dispute, the parties may apply to a commercial mediation organization for mediation through consultation. If one of the parties explicitly refuses to mediate, mediation shall not be allowed.
Fifteenth parties may jointly select commercial mediators from the roster of commercial mediators of commercial mediation organizations, or apply to the commercial mediation organizations to recommend commercial mediators.
Article 16 Commercial mediators shall conduct commercial mediation activities in accordance with trade rules, business practices and trading habits, and in accordance with the mediation rules of commercial mediation organizations.
Commercial mediators should be neutral, diligent and conscientious in the process of mediation, and abide by laws and regulations, professional ethics and codes of practice.
Article 17 Commercial mediation shall not be conducted in public, unless otherwise agreed by the parties.
Commercial mediation organizations and commercial mediators have the obligation to keep confidential the information they know in the process of mediation, except that the parties have agreed in writing to disclose it, it is necessary to fulfill the commercial mediation agreement or there are other circumstances that should be disclosed according to law.
Article 18 If a commercial mediator has an interest in a commercial dispute, or there are other circumstances that may cause the parties to have reasonable doubts about their independence and impartiality, the commercial mediator shall promptly disclose them to the parties. If the parties agree to continue mediation by the commercial mediator, it shall be agreed in writing.
If the parties find that the commercial mediator has not disclosed the matters that should be disclosed in the preceding paragraph, they have the right to request the replacement of the commercial mediator.
Article 19 Commercial mediation shall be terminated if the parties do not agree to continue mediation, or if the parties intend to use mediation to achieve illegal purposes.
Article 20 If an agreement is reached through mediation, unless otherwise agreed by the parties, a commercial mediation agreement shall be made, which shall specify the main facts, disputed matters, main contents of the agreement, methods and time limits of performance, liabilities for breach of contract, etc. The commercial mediator shall sign the commercial mediation agreement and affix the seal of the commercial mediation organization.
The contents of a commercial mediation agreement shall not violate the mandatory provisions of laws and administrative regulations, infringe upon national interests, social public interests and the legitimate rights and interests of others, or violate public order and good customs.
Article 21 A commercial mediation agreement reached through mediation shall be fulfilled by the parties. The commercial mediator shall prompt the parties to fulfill the commercial mediation agreement in a timely and active manner.
Twenty-second parties may apply to the people's court with jurisdiction for judicial confirmation of the commercial mediation agreement according to law.
The parties may apply for arbitration according to law according to the arbitration clause in the arbitration agreement or commercial mediation agreement, and request the arbitration tribunal to make a conciliation statement or make an award according to the relevant contents of the commercial mediation agreement.
If the commercial mediation agreement focuses on payment and the debtor promises to be willing to accept enforcement, the parties may apply to the notarization institution for notarization documents with enforcement effect according to law.
Article 23 Where a commercial mediation agreement involves execution outside the territory of People's Republic of China (PRC), the parties concerned may apply to the competent foreign authority for execution in accordance with the provisions of relevant international treaties.
Article 24 The state supports commercial mediation organizations to enhance their international competitiveness, carry out foreign-related commercial mediation activities and set up business institutions abroad.
In the the State Council Pilot Free Trade Zone and Hainan Free Trade Port, overseas commercial mediation organizations are allowed to set up business institutions in accordance with relevant state regulations to carry out foreign-related commercial mediation activities.
Commercial mediation organizations may employ foreign commercial mediators with professional influence and credibility, and file with the judicial administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in accordance with relevant regulations.
Article 25 The State supports the convergence of commercial mediation rules and mechanisms in Guangdong-Hong Kong-Macao Greater Bay Area, and establishes the enforcement mechanism of commercial mediation agreements in Guangdong-Hong Kong-Macao Greater Bay Area to promote coordinated development.
Twenty-sixth in the free trade pilot zone approved by the State Council and Hainan Free Trade Port, the relevant places can establish a pilot system for commercial mediators to independently carry out foreign-related commercial mediation activities.
Article 27 The State supports self-regulatory organizations in the commercial mediation industry and commercial mediation organizations to carry out international exchanges and cooperation, strengthen the training of foreign-related commercial mediation talents, and actively participate in the formulation of international rules for commercial mediation.
The national self-regulatory organization of commercial mediation industry is responsible for promoting international mutual recognition of the competence level of commercial mediators.
Twenty-eighth commercial mediation organizations shall submit the work report of the previous year to the judicial administrative department of the people's government at or above the county level in accordance with the provisions of the judicial administrative department of the State Council.
The judicial administrative department of the people's government at or above the county level shall supervise and manage the commercial mediation activities carried out by commercial mediation organizations, and may take measures such as on-site inspection, consulting and copying relevant materials, investigating relevant situations, and interviewing and asking relevant personnel.
Twenty-ninth without the registration of the judicial administrative department, without authorization in the name of commercial mediation organizations to carry out the commercial mediation activities stipulated in these regulations, shall be banned by the judicial administrative department of the people's government at or above the county level, and be fined 100 thousand yuan to 500 thousand yuan; If there are illegal gains, the illegal gains shall be confiscated.
Thirtieth commercial mediation organization fails to go through the registration of change, disclose relevant information or submit an annual work report in accordance with the provisions of these Regulations, and the judicial administrative department of the people's government at or above the county level shall order it to make corrections and give it a warning; Those who refuse to make corrections shall be ordered to suspend business for rectification and may be fined up to 100,000 yuan.
If a commercial mediation organization contracts or conducts business by improper means, the judicial administrative department of the people's government at or above the county level shall order it to make corrections, give it a warning and may impose a fine of less than 200,000 yuan; If the circumstances are serious, the registration certificate shall be revoked by the original registration department; Give a warning to the person in charge and impose a fine of less than 100,000 yuan; If there are illegal gains, the illegal gains shall be confiscated.
Article 31 If a commercial mediator fails to perform his duty of confidentiality and causes serious consequences, or colludes with the parties to conduct false mediation, which infringes on the national interests, social public interests and the legitimate rights and interests of others, the judicial administrative department of the people's government at or above the county level shall give him a warning and may impose a fine of less than 100,000 yuan; If the circumstances are serious, it shall be ordered to suspend commercial mediation business for more than 1 year and less than 3 years; If there are illegal gains, the illegal gains shall be confiscated.
Thirty-second commercial mediation organizations established before the implementation of these regulations shall register in accordance with the provisions of these regulations within one year from the date of implementation of these regulations. Specific measures shall be formulated by the judicial administrative department of the State Council jointly with relevant departments.
Article 33 These Regulations shall come into force as of.
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