The pluralistic dispute resolution method mentioned in these Regulations refers to the formation of a multi-party and coordinated dispute resolution system through conciliation, mediation, notarization, arbitration, administrative adjudication, administrative reconsideration and litigation, so as to provide convenient and efficient dispute resolution services for the parties. Article 3 Diversified dispute settlement shall follow the following principles:
(1) Abide by laws, regulations and national policies, and respect public order and good customs;
(two) respect the will of the parties to choose the way to resolve disputes according to law;
(3) giving priority to reconciliation and mediation;
(4) Fairness, justice, efficiency and convenience;
(5) Combination of prevention and solution. Article 4 Where ethnic minorities live in compact communities, dispute settlement can be carried out in accordance with the customs and habits of ethnic minorities on the premise of not violating laws and regulations. Fifth cities and counties (cities, districts) shall establish a joint meeting system of diversified dispute resolution departments, regularly study and deploy diversified dispute resolution work, and coordinate and solve major problems in diversified dispute resolution work.
The people's governments of cities and counties (cities, districts) shall incorporate diversified dispute resolution mechanisms into the construction plan of a government ruled by law, organize, coordinate and urge relevant departments to implement diversified dispute resolution responsibilities, support and cultivate various dispute resolution organizations, and guide social forces to participate in dispute resolution. Article 6 The coordinating body for diversified dispute resolution shall be responsible for the coordination, guidance, evaluation, supervision and inspection of diversified dispute resolution, and promote the organic connection of various dispute resolution methods. Article 7 Establish and improve social stability risk prevention, dispute investigation and resolution system and consultation mechanism, strengthen linkage and cooperation, and promote the construction of diversified dispute resolution mechanism:
(a) the people's governments of cities and counties (cities, districts) and their departments shall establish and improve the investigation and early warning mechanism of social disputes, strengthen analysis, judgment and early warning, properly handle disputes according to law, and prevent disputes from expanding or intensifying;
(two) the township (town) people's government, street offices rely on social governance center, the construction of a comprehensive mediation room, organization and coordination within the jurisdiction of the center (office, office), village (neighborhood) committees and various mediation organizations to carry out dispute prevention, investigation and resolution;
(3) People's courts, people's procuratorates, people's organizations, enterprises and institutions, grass-roots mass autonomous organizations and other social organizations shall, in accordance with their respective functions and duties, promptly discover the clues of disputes and prevent and resolve disputes from the source. Article 8 The judicial administrative department is responsible for guiding people's mediation, administrative mediation and professional mediation, and promoting the convergence of all kinds of mediation; Guide the arbitration work; Establish and improve the working mechanism of administrative adjudication, administrative reconsideration and administrative litigation; Promote law firms, legal aid, grassroots public legal services, notarization, judicial expertise, arbitration and other legal service institutions and legal workers and volunteers to participate in dispute resolution.
The public security organ is responsible for establishing and improving the people's mediation mechanism, receiving police docking and guidance, reconciliation and mediation of road traffic accident damage compensation disputes and minor criminal cases; In conjunction with the judicial administrative department, set up a resident people's mediation room in a conditional police station and invite people's mediators to participate in public security mediation when necessary. For the alarm of disputes in line with people's mediation, mediation should be conducted on the spot. If mediation fails, it shall be handled according to law or guide the parties to choose other ways to solve it.
Human resources and social security, agriculture and rural areas, forestry and grassland, natural resources planning and other departments shall be responsible for mediation and arbitration of labor and personnel disputes, rural land contract management, forest rights and rural homestead disputes according to their respective responsibilities.
Complaint reporting institutions should adhere to the separation of complaints and reports, handle complaints and reports according to law, guide and urge relevant units to carry out complaints and reports according to law, establish a working mechanism that organically connects complaints and reports with other dispute settlement methods, and promote the timely settlement of disputes according to law.
Other relevant government departments and institutions shall, according to their respective responsibilities, carry out administrative mediation, administrative reconsideration and administrative adjudication according to law, and cultivate and promote the construction of professional mediation organizations in this system. Article 9 The people's courts should play the role of judicial guidance, promotion and guarantee in diversified dispute resolution, improve the dispute resolution mechanism linking litigation with non-litigation, improve the system of specially invited mediation, appointment mediation and entrusted mediation, strengthen the docking of procedural diversion, validity confirmation and enforcement of effective legal documents, and provide judicial guarantee for substantive dispute resolution. The grass-roots people's courts shall provide professional guidance to all kinds of mediation organizations in mediating disputes.
The people's procuratorate shall perform its legal supervision duties according to law, improve the systems of public interest litigation, procuratorial mediation, procuratorial hearing and judicial assistance, and improve the working mechanism of participating in dispute resolution. Article 10 Trade unions, the Communist Youth League, women's federations, Federation of Literary and Art Circles, Federation of Returned Overseas Chinese, Disabled Persons' Federation, Federation of Social Sciences, Red Cross Society, Association for Science and Technology, Federation of Industry and Commerce, consumer rights protection, law society and other organizations shall, according to their respective functions and duties, give full play to their respective advantages, participate in the construction of diversified dispute resolution mechanisms, and do a good job in dispute resolution.
Mediation, notarization, arbitration, lawyers and other trade associations should strengthen industry self-discipline, carry out dispute resolution, rights protection, industry punishment and other work according to law, and participate in the construction of dispute resolution mechanism.
Encourage enterprises, institutions, social organizations and individuals to actively participate in diversified dispute resolution and provide donations or voluntary services.
Encourage and support people's mediators, legal experts and legal service workers to rely on mediation organizations to set up personal mediation studios according to law.