Civil mediation: it is a dispute resolution method with agreement as the core element, an extension of the field of private law disputes and a kind of confrontation system.
Criminal mediation: according to the specific circumstances of the case, the judicial organ shall not pursue criminal responsibility or reduce criminal responsibility.
2. The intensity of sentencing after conviction is different.
Civil mediation: a system that urges both parties to reach an agreement and solve it through consultation. If negotiation fails, it will become a criminal case.
Criminal mediation: intentional criminal cases suspected of violating personal rights, democratic rights and property crimes, which may be sentenced to fixed-term imprisonment of less than three years.
Extended data:
According to the Constitution of China, the People's Mediation Committee has the functions of mediating civil disputes and helping to maintain social order.
Paragraph 2 of Article 111 of the Constitution of People's Republic of China (PRC) stipulates: "Residents' committees and villagers' committees shall set up committees for people's mediation, public security and public health to handle public affairs and public welfare undertakings in their own areas, mediate civil disputes, help maintain social order, and reflect the opinions, demands and suggestions of the masses to the people's government."
In addition, the Opinions of the Supreme Court and the Ministry of Justice on Further Strengthening People's Mediation in the New Period emphasizes the positive role of people's mediation in stabilizing society and resolving contradictions, and provides a basis for criminal reconciliation.
The process of civil mediation:
I. Accepting disputes:
1, the parties request timely mediation of the dispute;
2, found that the dispute should take the initiative to accept timely mediation;
Second, the investigation and analysis:
When accepting a dispute, it is necessary to quickly identify the cause and focus of the dispute, promptly identify the nature and merits of the dispute, and conduct research and analysis;
Thirdly, mediation:
On the basis of investigation and analysis, do a good job of both parties, fully reason, patiently guide, learn legal provisions, eliminate barriers, and urge the parties to reach a mediation agreement.
Baidu encyclopedia-civil mediation
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