Regulations of Hainan Province on Diversified Dispute Resolution

Chapter I General Provisions Article 1 In order to standardize and promote diversified dispute resolution methods, improve social governance capacity, promote social harmony and stability, optimize the business environment, and serve and guarantee the construction of Hainan Free Trade Port, these Regulations are formulated in accordance with relevant laws and regulations and combined with the actual situation of this province. Article 2 Pluralistic dispute resolution as mentioned in these Regulations refers to the establishment of an organically connected and coordinated dispute resolution mechanism through conciliation, mediation, administrative adjudication, administrative reconsideration, arbitration and litigation, so as to solve disputes between the parties conveniently and efficiently. Article 3 Diversified dispute resolution shall adhere to the social governance system of party committee leadership, government responsibility, democratic consultation, social coordination, public participation, legal guarantee and scientific and technological support, and follow the following principles:

(a) Respect the wishes of all parties;

(two) reconciliation, mediation priority, multi-party linkage;

(three) abide by laws and regulations, respect public order and good customs, and adhere to fairness and justice;

(4) Convenient and beneficial to the people, fast and efficient;

(5) Combination of prevention and solution. Article 4 People's governments at all levels, relevant departments, people's courts, people's procuratorates, people's organizations, enterprises and institutions, grass-roots mass autonomous organizations and other social organizations shall, according to their respective functions and duties, establish and improve social stability risk prevention and dispute investigation and mediation mechanisms; Adhere to territorial management and who is in charge and who is responsible. For cross-regional, cross-departmental, cross-industry disputes involving a large number of people and great social impact, it is necessary to strengthen linkage and cooperation to prevent and resolve disputes from the source.

Encourage and support fair and decent and other social forces recognized by the masses to participate in dispute resolution according to law. Fifth state organs, people's organizations, enterprises and institutions, news media, etc. Carry out publicity and education on the rule of law in accordance with their respective responsibilities, carry forward socialist core values, popularize legal knowledge of diversified dispute resolution, guide the public to express their interests rationally and legally, resolve interest disputes, and safeguard legitimate rights and interests. Chapter II Division of Responsibilities Article 6 People's governments at or above the county level shall play a leading role in diversified dispute resolution, incorporate diversified dispute resolution into the construction plan of a government ruled by law, improve the coordination mechanism, urge relevant government departments to establish and improve the responsibility system for dispute resolution, implement the responsibility system for dispute resolution, and guide social forces to participate in dispute resolution.

Township people's governments and sub-district offices shall organize and coordinate the public security police stations, judicial offices, people's courts, resident procuratorates, veterans service stations, residents' committees, villagers' committees and people's mediation organizations within their respective jurisdictions to carry out dispute prevention, investigation and resolution. Article 7 The people's courts shall play the role of judicial guidance, promotion and guarantee in diversified dispute resolution, improve the dispute resolution mechanism linking litigation with non-litigation, strengthen coordination with administrative organs, arbitration institutions, notarization institutions and mediation organizations, and promote the organic connection of procedural arrangement, validity confirmation and legal guidance. Article 8 People's procuratorates shall perform their legal supervision duties according to law, improve the system of procuratorial suggestions and procuratorial announcements, improve the working mechanism of participating in dispute resolution, and guide the parties to choose appropriate dispute resolution methods. Article 9 The judicial administrative department of the people's government at or above the county level shall be responsible for organizing, coordinating, supervising and inspecting the diversified dispute settlement work of relevant government departments and other organizations; Strengthen the networking construction of people's mediation organizations and promote the establishment of professional and professional mediation organizations; Guide people's mediation, administrative mediation and industrial and professional mediation, and promote the linkage of people's mediation, administrative mediation and judicial mediation; Guide administrative organs to improve the working mechanism of administrative adjudication; Carry out administrative reconsideration and administrative litigation according to law; Organize and promote law firms, grassroots legal services and legal aid institutions to participate in dispute resolution. Tenth public security organs should improve the working mechanism of public security, traffic accident mediation and minor criminal case reconciliation according to law, and coordinate the parties' reconciliation and mediation according to law. Support and participate in the reconciliation and mediation work of towns, streets, communities, residents' committees and villagers' committees. Article 11 The administrative departments in charge of human resources and social security, health and wellness, natural resources and planning, agriculture and rural areas, market supervision and management, civil affairs, housing and urban and rural construction, ecological environment, tourism and culture, education, transportation and ex-servicemen affairs shall, according to their respective functions and duties, carry out administrative mediation and administrative adjudication according to law, and promote, guide and supervise the construction of professional mediation organizations in this field. Article 12 The petition offices shall handle the petitions in a classified way through legal channels, straighten out the relationship between petitions and administrative rulings, administrative reconsideration, arbitration and litigation, unblock the petition channels, and track, supervise and coordinate the handling of petitions. Thirteenth residents' committees and villagers' committees shall establish and improve people's mediation organizations, and organize people's mediators, community workers, legal advisers and psychological workers. Investigate and resolve disputes on the spot in time.

People's mediators can set up individual mediation studios relying on people's mediation organizations in accordance with relevant regulations. Article 14 Trade unions, youth leagues, women's federations, federations of returned overseas Chinese, federations of disabled persons, federations of industry and commerce, consumer committees, law societies and trade associations may set up industrial and professional mediation organizations to participate in diversified dispute resolution.