order of the president of the people's republic of china
No.34
The People's Mediation Law of People's Republic of China (PRC) was adopted by the 16th session of the 11th the NPC Standing Committee of People's Republic of China (PRC) on August 28th, 2010, and is hereby promulgated and shall come into force as of January 1st, 2011.
Hu Jintao, President of People's Republic of China (PRC)
August 28, 2010
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Chapter I General Provisions
Article 1 This Law is formulated in accordance with the Constitution in order to improve the people's mediation system, standardize people's mediation activities, solve civil disputes in a timely manner and maintain social harmony and stability.
Article 2 "People's mediation" as mentioned in this Law refers to the activities of the people's mediation committee to urge the parties to reach a mediation agreement voluntarily on the basis of equal consultation through persuasion and persuasion, so as to resolve civil disputes.
Article 3 The people's mediation committee shall follow the following principles in mediating civil disputes: (1) Mediation shall be conducted on the basis of voluntariness and equality of the parties;
(two) does not violate the laws, regulations and national policies;
(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 4 The People's Mediation Committee mediates civil disputes free of charge.
Article 5 The judicial administrative department of the State Council shall be responsible for guiding the people's mediation work throughout the country, and the judicial administrative department of the local people's government at or above the county level shall be responsible for guiding the people's mediation work in its own administrative area.
Grassroots people's courts provide professional guidance to people's mediation committees in mediating civil disputes.
Article 6 The State encourages and supports people's mediation. Local people's governments at or above the county level shall give necessary support and guarantee to the funds needed for people's mediation work, and commend and reward people's mediation committees and people's mediators who have made outstanding contributions in accordance with state regulations.
Chapter II Introduction of the Committee
Article 7 The People's Mediation Committee is a mass organization established according to law to mediate civil disputes.
Article 8 Villagers' committees and residents' committees shall set up people's mediation committees. Enterprises and institutions shall set up people's mediation committees as needed.
The people's mediation committee consists of three to nine members, with one chairman and, if necessary, several deputy directors.
The people's mediation committee shall have women members, and the areas inhabited by multi-ethnic groups shall have members of ethnic groups with a small number.
Article 9 Members of people's mediation committees of villagers' committees and residents' committees shall be elected by villagers' meetings or villagers' representative meetings or residents' meetings; Members of the People's Mediation Committee established by enterprises and institutions shall be elected by the workers' congress, the workers' congress or the trade union organization.
Members of the People's Mediation Committee are elected for a term of three years and may be re-elected.
Article 10 The judicial administrative department of the people's government at the county level shall make statistics on the establishment of the people's mediation committee within its administrative area, and timely notify the local grassroots people's court of the composition and adjustment of the people's mediation committee.
Article 11 The people's mediation committee shall establish and improve various mediation systems, listen to the opinions of the masses and accept their supervision.
Twelfth villagers' committees, residents' committees, enterprises and institutions shall provide office conditions and necessary working funds for the people's mediation committee to carry out its work.
Chapter III Introduction to Mediators
Article 13 People's mediators shall be members of the People's Mediation Committee and personnel appointed by the People's Mediation Committee.
Fourteenth people's mediators should be fair and upright, enthusiastic about people's mediation work, and have a certain cultural level, policy level and legal knowledge as adult citizens.
The judicial administrative department of the people's government at the county level shall regularly conduct professional training for people's mediators.
Article 15 A people's mediator who commits one of the following acts in mediation shall be criticized and educated by the people's mediation committee to which he belongs, and ordered to make corrections. If the circumstances are serious, he shall be dismissed or dismissed by the selecting or appointing unit:
(a) favoring one party;
(2) Insulting the parties concerned;
(3) soliciting or accepting property or seeking other illegitimate interests;
(4) disclosing the personal privacy and business secrets of the parties concerned.
Sixteenth people's mediators engaged in mediation work, should be given appropriate subsidies for delays; The local people's government shall provide necessary medical and life assistance to those who are injured and disabled due to mediation work and have difficulties in life; The spouses and children of the people's mediators who died in the post of people's mediation shall enjoy pensions and preferential treatment in accordance with state regulations.
Chapter IV Mediation Procedure
Seventeenth parties may apply to the people's mediation committee for mediation; The people's mediation committee can also take the initiative to mediate. If one of the parties explicitly refuses to mediate, mediation shall not be allowed.
Eighteenth basic people's courts and public security organs can inform the parties to apply for mediation to the people's mediation committee before accepting the disputes that are suitable for settlement through people's mediation.
Article 19 The people's mediation committee may appoint one or more people's mediators for mediation according to the needs of mediating disputes, or the parties may choose one or more people's mediators for mediation.
Article 20 A people's mediator may, according to the needs of mediating disputes and with the consent of the parties concerned, invite relatives, neighbors and colleagues of the parties concerned to participate in mediation, or invite personnel with special knowledge and experience or relevant social organizations to participate in mediation.
The People's Mediation Committee supports local people who are fair and decent, enthusiastic about mediation and recognized by the masses to participate in mediation.
Article 21 When mediating civil disputes, people's mediators should adhere to principles, understand the law and analyze the reasons, and uphold justice.
Mediation of civil disputes should be conducted in a timely and on-the-spot manner to prevent the intensification of contradictions.
Article 22 People's mediators can mediate civil disputes in various ways according to the different situations of disputes, fully listen to the statements of the parties, explain relevant laws, regulations and national policies, patiently guide them, put forward dispute solutions on the basis of equal consultation, mutual understanding and mutual accommodation between the parties, and help the parties reach a mediation agreement voluntarily.
Twenty-third parties enjoy the following rights in people's mediation activities:
(a) choose or accept the people's mediators;
(2) Accepting mediation, refusing mediation or requesting the termination of mediation;
(3) Asking mediation to be conducted in public or not;
(four) to express their will and reach a mediation agreement voluntarily.
Twenty-fourth parties shall perform the following obligations in people's mediation activities:
(a) truthfully state the facts of the dispute;
(two) to abide by the order of the mediation site and respect the people's mediators;
(3) Respecting the exercise of rights by the other party.
Twenty-fifth people's mediators in the process of mediation of disputes, found that the dispute may intensify, should take targeted preventive measures; Disputes that may cause public security cases or criminal cases shall be reported to the local public security organs or other relevant departments in a timely manner.
Twenty-sixth people's mediators to mediate disputes, mediation fails, it shall terminate the mediation, and in accordance with the provisions of relevant laws and regulations, inform the parties that they can safeguard their rights through arbitration, administrative, judicial and other means according to law.
Twenty-seventh people's mediators should record the mediation situation. The people's mediation committee shall establish archives of mediation work, and file materials such as mediation registration, mediation work record and mediation agreement.
Chapter V Mediation Agreement
Article 28 If a mediation agreement is reached through mediation by the people's mediation committee, a mediation agreement may be made. If the parties consider it unnecessary to make a mediation agreement, they may adopt an oral agreement, and the people's mediator shall record the contents of the agreement.
Article 29 A mediation agreement may specify the following items:
(a) the basic situation of the parties;
(two) the main facts of the dispute, the disputed matters and the responsibilities of the parties; (three) the contents of the mediation agreement reached by the parties, the way and time limit for performance.
The mediation agreement shall come into effect as of the date when the parties sign, seal or fingerprint, and the people's mediator signs and seals the people's mediation committee. The parties shall hold one copy of the mediation agreement and the people's mediation committee shall keep one copy.
Article 30 An oral mediation agreement shall take effect as of the date when the parties reach an agreement.
Article 31 A mediation agreement reached through mediation by a people's mediation committee is legally binding, and the parties shall perform it according to the agreement.
The people's mediation committee shall supervise the performance of the mediation agreement and urge the parties to fulfill their agreed obligations.
Article 32 After a mediation agreement is reached through mediation by the People's Mediation Committee, if there is a dispute between the parties over the performance or contents of the mediation agreement, one party may bring a lawsuit to the people's court.
Article 33 After a mediation agreement is reached through mediation by the People's Mediation Committee, if both parties deem it necessary, they may jointly apply to the people's court for judicial confirmation within 30 days from the effective date of the mediation agreement, and the people's court shall promptly review the mediation agreement and confirm the validity of the mediation agreement according to law.
The people's court confirms the validity of the mediation agreement according to law, and if one party refuses to perform it or fails to perform it in full, the other party may apply to the people's court for compulsory execution.
If the people's court confirms that the mediation agreement is invalid according to law, the parties may change the original mediation agreement or reach a new mediation agreement through people's mediation, or bring a lawsuit to the people's court.
Chapter VI Supplementary Provisions
Article 34 Towns, streets, social organizations or other organizations may, when necessary, set up people's mediation committees with reference to the relevant provisions of this Law to mediate civil disputes.
Article 35 This Law shall come into force as of January 1, 2011.
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