At present, with the profound reform of economic system, profound changes in social structure, profound adjustment of interest pattern and profound changes in ideas, various contradictions and disputes have become prominent and become an important factor affecting social stability. These contradictions and disputes are mainly non-confrontational contradictions among the people caused by interest issues, which can be completely resolved through mediation. Practice has proved that mediation is the most effective way to solve contradictions among the people. The establishment of a "three-way linkage" mediation mechanism of people's mediation, administrative mediation and judicial mediation is conducive to integrating mediation resources, strengthening mediation functions, forming joint efforts, and timely and effectively resolving social contradictions and disputes; It is conducive to properly coordinating the interests of all parties, safeguarding, realizing and developing the interests of the overwhelming majority of the people, strengthening the flesh-and-blood ties between the party and the people, consolidating the party's ruling foundation and improving the party's ruling ability; It is conducive to fully mobilizing the enthusiasm of all parties, realizing complementary advantages and improving the efficiency of mediation of social contradictions and disputes; It is conducive to reducing the excessive demands of the masses and saving the social cost of resolving contradictions and disputes. Party committees and governments at all levels in the city should fully understand the importance and necessity of establishing a "three-tone linkage" mediation mechanism from the perspective of maintaining social stability, building a harmonious society and achieving long-term stability, earnestly strengthen organizational leadership, carry out work in a down-to-earth manner, promote the innovation of social management methods, and fully construct a "three-tone linkage" mediation mechanism to play a greater role in maintaining social harmony and stability.
Two, the guiding ideology, basic principles and objectives and tasks of the "three-tone linkage" mediation work.
(A) the guiding ideology
Guided by Deng Xiaoping Theory, Theory of Three Represents and Scientific Outlook on Development, we will thoroughly implement the spirit of the 18th National Congress of the Communist Party of China, closely focus on the overall goal of building a prosperous, civilized and harmonious new Guigang, take innovative mediation mechanism as the driving force, take sound mediation system as the guarantee, and take resolving social contradictions and disputes as the main line, and strive to solve the most concerned, direct and realistic interests of the people. Establish a new pattern of "unified leadership of Party committees and governments, coordination of comprehensive management institutions, organization and implementation of judicial administrative departments, coordination of relevant departments and active participation of the masses" to resolve social contradictions and disputes, establish and improve a "three-mediation linkage" mediation mechanism based on people's mediation, and administrative mediation and judicial mediation not only play their respective roles but also cooperate with each other, integrate mediation resources, strengthen mediation functions, improve the ability to prevent and resolve social contradictions and disputes, and realize the leap-forward development of the city's economy and society.
(2) Basic principles
1. Adhere to the principle of coordination and cooperation under the unified leadership of Party committees and governments;
2 adhere to the principle of territorial management, graded responsibility and "who is in charge, who is responsible";
3. Adhere to the principle of mediation according to law, fairness and efficiency;
4. Adhere to the principle of giving priority to mediation and respecting the wishes of the parties;
5. Adhere to the principle of maintaining social stability and safeguarding the interests of the masses.
(iii) Objectives and tasks
Through the establishment and effective operation of the "three-adjustment linkage" mechanism, we will strive to achieve the working objectives of "three noes, four promotions and five declines", that is, minor disputes will not leave the village (community or unit), major disputes will not leave the township (town or department) and difficult disputes will not leave the county (system); The "four improvements" are: the success rate of people's mediation, the mediation rate of civil litigation cases, the settlement rate of letters and visits, and the improvement of mediation credibility; The "five declines" are: the decline in cases of "conversion of people to punishment", the decline in civil litigation cases, the decline in major mass incidents, the decline in major abnormal petitions, and the decline in major public security incidents.
Three, establish and improve the "three coordination" mediation work organization system.
(a) the city and county level set up a "tripartite linkage" mediation work leading group, headed by the city and county party committees in charge of politics and law and comprehensive management, and deputy heads of the cities (counties), with the participation of the courts, procuratorates, political and legal committees (including the comprehensive management office and the stability office), judicial bureau, public security bureau, legislative affairs office, bureau for letters and calls (offices), land and resources bureau, forestry bureau and other departments. There is an office under the leading group, which is located in the comprehensive management office of cities and counties, and the director of the comprehensive management office concurrently serves as the office director.
(II) The township (town) set up a leading group for mediation with "three-way linkage", which is co-located with the township (town) comprehensive management office and the maintaining stability office. The secretary of the township (town) Party Committee is the leader of the leading group, the mayor of the township (town) is the first deputy leader, the deputy secretary of the Party Committee for maintaining stability is the full-time deputy leader, and the vice chairman of the presidium of the National People's Congress, the deputy head in charge, the minister of armed forces and the president of the people's court form a leading group with a mass work center The work center should rely on the judicial office, set up a mediation hall, and the judicial office is responsible for the daily work, and implement unified acceptance, centralized sorting, centralized mediation and deadline handling of contradictions and disputes, and establish and improve the management of files and archives.
Four, "three linkage" mediation organization and job responsibilities
(a) leading group responsibilities: timely analysis of social stability, understanding and mastering the characteristics of social contradictions and disputes; Study, formulate and organize the implementation of the mediation work plan and measures of "three-tone linkage"; Organize and lead the investigation and mediation of social contradictions and disputes in the region, and study and deal with major difficult problems and emergencies; Supervise and inspect the implementation of the work and study and solve major problems in the work; Implement organizational guarantee and funding guarantee measures; Establish and implement a system of rewards and punishments, and pursue accountability.
(2) Responsibilities of the Office of the Leading Group: According to the deployment of the Leading Group, it is responsible for supervising and implementing the mediation of contradictions and disputes in the region and assigning mediation of major contradictions and disputes; Coordinate the investigation and mediation of contradictions and disputes between various regions and functional departments; Organize and coordinate the mediation of contradictions and disputes across regions, departments and industries; Statistical analysis, summary report, supervision and inspection, appraisal, promotion experience summary, reward and punishment suggestions of "three tones linkage" work.
(3) Responsibilities of member units: According to the principle of "who is in charge, who is responsible", do a good job in the investigation and mediation of contradictions and disputes within the scope of responsibilities of the system, the department and the unit; To guide and manage the professional and professional people's mediation organizations and mediation groups established by this department; Effectively carry out the work of "three-adjustment linkage", obey the unified deployment of the leading group, and actively complete the mediation of cases assigned and supervised by the leading group and the joint adjustment tasks across regions, departments and industries; Timely report to the office of the leading group on the "three-adjustment linkage" work of the system, departments and units and the investigation and mediation of contradictions and disputes, and put forward opinions and suggestions on the work.
(4) Responsibilities of the township (town) mass work center: it is responsible for mediating contradictions and disputes directly accepted or transferred or entrusted by other organizations such as villages (communities) within its jurisdiction; Coordinate the township (town) stability office, police station, people's court, judicial office and other relevant parties to conduct joint mediation of difficult disputes; Organize the heads of township member units and people's mediators to go deep into village communities to carry out prevention, investigation and resolution of contradictions and disputes and publicity activities for popularizing law; Responsible for guiding the standardized construction of people's mediation organizations within their respective jurisdictions; Timely report to superiors and relevant parties, reflecting the signs of major contradictions and disputes and social conditions and public opinion; Do a good job in the analysis and prediction of contradictions and disputes, and formulate emergency response plans; Supervise, inspect and assess the "three-tone linkage" situation of each member unit of the township (town) and the village (community), and put forward suggestions on rewards and punishments; Guidance, assignment, supervision and return visit of contradictions and disputes; Organize mediator training; Responsible for statistics and reporting the establishment, personnel composition, investigation and resolution of contradictions and disputes of the people's mediation committees within their respective administrative areas.
Five, "three-tone linkage" mediation docking mechanism
(A) people's mediation and administrative mediation docking linkage. When handling administrative disputes and related civil disputes, administrative organs should give priority to mediation and coordination, and according to the specific circumstances, they can submit disputes to people's mediation organizations for mediation by entrustment, transfer and invitation, or organize relevant functional departments and mediation organizations to mediate together. In the process of mediation, people's mediation organizations need the cooperation and assistance of the relevant administrative organs for the problems that cannot be solved for a while or the situation that cannot be mediated, and should take the initiative to get in touch with the relevant administrative organs for their cooperation and assistance. In the process of mediation, the people's mediators find that disputes may intensify and cause serious consequences, affecting social stability, and should take targeted preventive measures to alleviate or alleviate them; Disputes that may lead to public security cases or criminal cases shall be reported to the local public security organs or other relevant departments in a timely manner.
(2) People's mediation and judicial mediation are connected. People's mediation organizations shall inform the parties of the mediation rules, require the parties to state the facts of the dispute, preach relevant laws and policies to the parties, and put forward a dispute settlement plan on the basis of the parties' clear understanding of the facts, clear responsibilities, mutual understanding and mutual accommodation, and consensus. If the parties voluntarily reach a mediation agreement, they shall make a mediation agreement. The people's courts shall vigorously support and supervise the mediation work of people's mediation organizations in accordance with the law, and support people's mediation organizations to participate in mediation before and during litigation. If a mediation agreement with civil rights and obligations is reached through mediation by the People's Mediation Committee, the parties may apply to the people's court with jurisdiction for judicial confirmation according to law. The people's court shall timely review the mediation agreement and confirm whether the mediation agreement is legal and valid according to law. If the people's court confirms that part or all of the contents of the mediation agreement are invalid according to law, the parties may change the original mediation agreement or sign a new mediation agreement through people's mediation, or bring a lawsuit to the people's court on the original dispute.
(3) The connection between administrative mediation and judicial mediation. If the mediation by the administrative organ fails or the parties are dissatisfied with the results of administrative reconsideration and ruling, they shall inform the parties of their rights and channels of judicial relief and actively cooperate with the people's court to help them solve the problem. The people's courts encourage and support administrative organs to conduct mediation, adjudication or other handling according to their functions and powers. The people's court shall take the initiative to inform the parties before filing a case for administrative mediation, and conduct administrative mediation first. In the case of letters and visits caused by administrative organs in the process of exercising their functions and powers, or in the case of letters and visits related to law and litigation and group cases caused by dissatisfaction with the mediation results of judicial departments, judicial organs and administrative organs should take the initiative to take joint mediation action in time, legal aid personnel, lawyers and notaries should actively participate in it, and * * * should do a good job in appealing and protesting. Administrative organs at all levels shall actively cooperate with and strongly support the judicial mediation work of the people's courts.
Six, the establishment of a "three-tone linkage" mediation mechanism.
(1) Joint meeting system. Led by the mediation work leading group of "three-linkage" at all levels, the joint meeting attended by the responsible persons of member units is held regularly to inform the investigation and mediation work, formulate the work plan, and coordinate and solve the existing problems.
(2) Follow-up system. All localities and departments should accept, divert, transfer and mediate cases in accordance with the requirements of laws and policies and prescribed procedures, and pay a return visit within one month after mediation to ensure the mediation effect.
(three) adhere to the investigation and mediation system into the village. The leading group of "three-way linkage" and people's mediation organizations should establish a long-term mechanism for investigating contradictions and disputes, and organize responsible persons, judges, prosecutors, judicial assistants, legal propagandists, lawyers and notaries, and comprehensive managers of all member units to visit villages and households regularly to investigate and resolve contradictions and disputes, and effectively resolve contradictions and disputes at the grassroots level and eliminate them in the bud.
Seven, the establishment of the "three-tone linkage" mediation work guarantee mechanism.
(1) Strengthen organizational leadership. Party committees and governments at all levels should attach great importance to it, and the main leaders should take overall responsibility, take charge of specific work, seriously study and solve problems and difficulties existing in the work, and implement various safeguard measures; All departments and units should put this work into the important agenda, strengthen organization and leadership, strengthen work measures, formulate measures for the implementation of the "three-tone linkage" mediation work at all levels, and solidly and effectively promote the smooth development of the "three-tone linkage" mediation work. News media should strengthen public opinion propaganda and create a good atmosphere.
(2) Strengthen the construction of mediation team. Strengthen the standardization of mediation organizations at all levels, focusing on the construction of comprehensive management, government legal system, judicial administrative organs and people's mediation organizations at all levels; Strengthen the professional training of people's mediators and judicial administrative law enforcement personnel, incorporate mediator training into education and training plans at all levels, take various forms such as phased, batch and centralized rotation training, increase training, improve the mediation skills and level of people's mediators and judicial administrative law enforcement personnel, and improve the success rate of mediation. At the same time, strengthen the education of honesty and self-discipline for mediators at all levels to ensure that mediation work is fair and equitable.
(3) Establish assessment, reward and punishment system. Incorporate the mediation work of "three-tone linkage" into the target management of comprehensive management of social security, strictly assess the targets, and honor rewards and punishments. If the mediation work cannot be carried out normally due to poor organization and inadequate guarantee, it is necessary to seriously urge informed criticism to rectify it; For units and individuals that intensify contradictions due to ineffective investigation and mediation and have serious mass incidents that seriously affect social stability, the responsibility investigation shall be strictly implemented and the responsibilities of relevant personnel shall be investigated.
(4) Establish a funding guarantee mechanism. Party committees and governments at all levels should establish a funding guarantee mechanism for the "three-tone linkage" mediation work to ensure the healthy and orderly operation of the "three-tone linkage" mediation work.