(adopted at the eighth meeting of the Standing Committee of the Seventh Shenzhen Municipal People's Congress on March 28, 2022)
catalogue
Chapter I General Provisions
Chapter II Source Governance
Chapter III Mediation
Section 1 General Provisions
Section 2 People's Mediation
Section 3 Mediation of Labor Disputes
Section 4 Commercial Mediation
Section 5 Administrative Mediation
Chapter IV Arbitration
Section 1 Arbitration of Labor Disputes
Section 2 Civil and Commercial Arbitration
Chapter V Administrative Ruling and Administrative Reconsideration
Section 1 Administrative adjudication
Section 2 Administrative Reconsideration
Chapter VI Cohesion Mechanism
Chapter VII Guarantee and Supervision
Chapter VIII Legal Liability
Chapter IX Supplementary Provisions
Chapter I General Provisions
Article 1 In order to effectively resolve contradictions and disputes in time, safeguard the legitimate rights and interests of the parties concerned, maintain social harmony and stability, and improve the modernization level of urban governance, these Regulations are formulated in accordance with the basic principles of relevant laws and administrative regulations and the actual situation of Shenzhen Special Economic Zone.
Article 2 These Regulations shall apply to the diversified activities of resolving contradictions and disputes in Shenzhen Special Economic Zone.
The term "diversified solutions to contradictions and disputes" as mentioned in these Regulations refers to the activities of resolving contradictions and disputes through conciliation, mediation, letters and visits, administrative adjudication, administrative reconsideration, arbitration and litigation.
Article 3 Diversified solutions to contradictions and disputes shall follow the principles of giving priority to prevention, equality and voluntariness, honesty and trustworthiness, fairness and legality, giving priority to non-litigation and being efficient and convenient.
Article 4 The municipal and district people's governments shall incorporate diversified solutions to contradictions and disputes into the planning for the construction of cities ruled by law, strengthen the capacity building for preventing and resolving contradictions and disputes, promote the healthy development of institutions for resolving contradictions and disputes, guide social forces to participate in resolving contradictions and disputes, urge relevant departments to implement their responsibilities for resolving contradictions and disputes, and provide necessary financial guarantee.
The municipal, district people's governments, people's courts, people's procuratorates, people's organizations, grassroots mass autonomous organizations, enterprises, institutions and other organizations and other relevant departments shall, according to their respective functions and duties, establish and improve a diversified solution mechanism for contradictions and disputes.
Article 5 The municipal and district people's governments shall co-ordinate the establishment of a working linkage mechanism, form a working pattern in which departments and other organizations that undertake the function of resolving contradictions and disputes work together to resolve contradictions and disputes, and co-ordinate the efforts of all parties to jointly resolve contradictions and disputes that cross administrative regions, departments and industries, involve a large number of people and have great social impact.
Article 6 State organs, people's organizations, enterprises, institutions and news media shall, according to their respective functions and duties, strengthen publicity and education on the rule of law, carry forward socialist core values, guide the public to rationally and legally express their interests, resolve contradictions and disputes, and safeguard their legitimate rights and interests.
Chapter II Source Governance
Article 7 The municipal and district people's governments and their relevant departments, people's courts and people's procuratorates shall adhere to source prevention, and prevent disputes throughout the whole process of major decision-making, administrative law enforcement and judicial procedures, so as to reduce the occurrence of disputes.
The municipal and district people's governments and their relevant departments should strengthen grass-roots governance, promote diversified resources for resolving contradictions and disputes to extend to the grass-roots, fully rely on grass-roots autonomy, give full play to the role of public legal service institutions, prevent and resolve all kinds of contradictions and disputes from the source, build mechanisms such as social stability risk assessment, investigation and mediation of contradictions and disputes, and guide contradictions and disputes to be resolved through non-litigation according to law.
Article 8 The municipal and district people's governments and their relevant departments shall improve the system of making government affairs public, promote the disclosure of major decision-making processes and results, do a good job in ideological guidance and content interpretation of the administrative counterparts and the public, and release accurate information to clarify when finding false or incomplete information that has caused or may cause contradictions and disputes.
Article 9 State organs, people's organizations, enterprises, institutions and other organizations shall improve the mechanism of social psychological consultation and crisis intervention, and provide full-time or part-time psychological counselors as needed to help the public cultivate self-esteem, self-confidence, rationality, peace and positive social mentality; Provide psychological intervention services in time when contradictions and disputes occur, actively guide and channel emotions, and prevent conflicts and disputes from intensifying.
Article 10 The organization and coordination body of Ping An Construction shall be responsible for the organization, coordination, supervision, inspection and evaluation of diversified solutions to contradictions and disputes, establish a linkage and coordination mechanism, incorporate the work of resolving contradictions and disputes into the assessment system of Ping An Construction, and improve the reward and punishment mechanism of diversified solutions to contradictions and disputes.
Article 11 The judicial administrative department shall, in accordance with the law, co-ordinate the docking mechanism between non-litigation contradiction and dispute resolution methods and between non-litigation contradiction and dispute resolution methods and litigation, guide the mediation work in non-litigation contradiction and dispute resolution methods, promote the connection and linkage between various mediations, improve the working mechanisms such as administrative reconsideration and administrative adjudication, and promote legal service institutions, legal workers and volunteers to participate in the contradiction and dispute resolution work together.
The public security organ shall carry out the mediation of public security cases according to law, and support and participate in the streets and communities to resolve contradictions and disputes according to law.
The complaint reporting department shall classify the complaint reporting matters, and establish and improve the working mechanism of organic connection between complaint reporting and mediation, arbitration, administrative adjudication, administrative reconsideration and litigation.
The human resources and social security department should, jointly with trade unions and business representatives, improve the multi-party coordination mechanism of labor relations, actively prevent the occurrence of labor disputes, explore the reform of labor dispute handling mechanism, strengthen the management of labor dispute mediation organizations, arbitration institutions, mediators and arbitrators, improve the efficiency of labor dispute handling, and effectively protect the legitimate rights and interests of workers and employers.
Other relevant departments of the municipal and district people's governments shall, in accordance with their respective responsibilities, establish and improve the mechanism for resolving contradictions and disputes, and carry out administrative mediation and administrative adjudication according to law.
Sub-district offices organize and coordinate the efforts to resolve conflicts and disputes in police stations, people's courts, neighborhood committees, etc. within their respective jurisdictions, establish conflict and dispute resolution centers based on the safe construction work platform, and carry out the work of preventing, investigating and resolving conflicts and disputes.
Article 12 Sub-district offices shall promote the institutionalization of community consultation, unblock the channels for the public to express their demands and participate in resolving contradictions and disputes, and may require relevant departments to be present for mediation of contradictions and disputes that require relevant departments to participate in mediation, and relevant departments shall cooperate with them.
Residents' committees shall organize people's mediators, grid administrators, community workers, community legal advisers, peace volunteers and other personnel to prevent, investigate and resolve conflicts and disputes on the spot.
People's mediators, grid administrators, Ping An volunteers, building managers, etc. We should mediate in time and report quickly to prevent the intensification of contradictions and disputes.
Article 13 People's courts and people's procuratorates shall adhere to the principle of justice for the people, deepen the reform of the judicial system, fully implement the judicial responsibility system, improve the working mechanism of participating in resolving contradictions and disputes, resolve contradictions and disputes through fair handling of cases, and prevent new contradictions and disputes from arising from handling cases.
Article 14 Trade unions, the Communist Youth League, women's federations, federations of industry and commerce, the Council for the Promotion of International Trade, trade associations and other organizations may set up professional mediation organizations, participate in the construction of diversified conflict resolution mechanisms, and jointly do a good job in preventing and resolving conflicts and disputes.
Article 15 Organizers of large-scale activities such as fairs, fairs and expositions, and managers of trading centers such as large shopping malls and supermarkets shall establish a normalized and on-site mediation mechanism to resolve conflicts and disputes on the spot in a timely manner.
Sixteenth encourage large and medium-sized enterprises, industrial park management committees and other units to set up internal contradictions and disputes mediation organizations according to law, and resolve labor disputes and other contradictions and disputes in a timely manner.
Seventeenth to encourage and guide the parties to give priority to non-litigation to solve contradictions and disputes. Advocate the parties to contradictions and disputes to resolve them through consultation on the basis of equality, voluntariness, mutual understanding and mutual accommodation; Contradictions and disputes that cannot be settled through consultation but are suitable for mediation shall be settled through mediation first.
Eighteenth to encourage lawyers and grassroots legal workers to actively participate in the work of resolving contradictions and disputes. When providing legal services, lawyers and grass-roots legal workers should inform the parties of various ways to solve contradictions and disputes and their characteristics, and encourage and guide the parties to reasonably choose non-litigation ways to solve contradictions and disputes with low cost, weak antagonism and conducive to repairing relations.
Chapter III Mediation
Section 1 General Provisions
Article 19 The judicial administrative department shall, jointly with relevant departments, build a comprehensive platform for mediation information, promote the comprehensive and coordinated development of people's mediation, labor dispute mediation, commercial mediation and administrative mediation, form a mediation work pattern with complementary advantages, organic connection and coordinated linkage, and provide one-stop service for the parties to resolve contradictions and disputes.
Twentieth mediation can be carried out according to industry rules, trading habits, residents' conventions, community conventions and good customs, but it shall not violate the mandatory provisions of laws and regulations.
Twenty-first parties may apply to a mediation organization for mediation. If one party explicitly refuses to mediate, mediation shall not be conducted.
Twenty-second mediators should be fair and upright, enthusiastic about mediation work, and have a certain cultural level, policy and legal level and professional knowledge as adult citizens.
Article 23 A mediator shall be neutral, objective and fair.
If the mediator has an interest in the mediation matters, or has relatives or other relations with the parties or agents, which may affect the fair mediation of contradictions and disputes, he should take the initiative to make it public before mediation and apply to the mediation organization for withdrawal.
If one party requests the mediator to withdraw, the mediator shall withdraw.