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No. 283 Order of Wuhan Municipal People’s Government
It is hereby promulgated that the Interim Measures of Wuhan Municipality for Administrative Mediation have been adopted at the 36th Executive Meeting of Wuhan Municipal People’s Government on November 13, 2017, and shall be implemented as of January 1, 2018.
Mayor: Wan Yong
November 22, 2017
Interim Measures of Wuhan Municipality for Administrative Mediation
Chapter I General Provisions
Article 1 With a view to standardizing the administrative mediation of administrative organs, resolving disputes timely and effectively by law, and maintaining social harmony and stability, these Measures are formulated in accordance with the relevant laws, regulations and rules, and in the light of the actual situations of this Municipality.
Article 2 These Measures are applicable to the administrative mediation of the administrative organs at all levels and the organizations that have the function of public administration as authorized by laws and regulations (hereinafter collectively referred to as the administrative organs) of this Municipality. Where laws, regulations and rules provide otherwise for administrative mediation, those provisions shall apply.
The administrative mediation as used in these Measures means a process where an administrative organ, as a mediation organ within the scope of its statutory responsibilities and through the use of explanation, communication, persuasion, guidance, negotiation and other techniques, assists parties concerned in resolving a civil or administrative dispute by legal procedures and reaching a mediation agreement voluntarily on the basis of equality in accordance with law.
Article 3 The administrative mediation shall be in line with the principle of voluntary participation, equality, legitimacy, impartiality, convenience and high efficiency, without damaging the national and public interests and the legitimate rights and interests of citizens, legal entities and other organizations.
Article 4 An administrative organ shall remain objective and neutral while mediating civil disputes, without showing partiality to or covering up for either party.
With respect to administrative disputes, the administrative mediation of an administrative organ shall not affect its performance of administrative responsibilities according to law, or replace the administrative law enforcement.
Article 5 Parties concerned shall observe the mediation order, respect mediators, and faithfully state the fact of dispute during administrative mediation, and consciously implement a mediation agreement that has been reached.
Article 6 The Municipal People’s Government and the people’s governments at the district level (incl. the administrative committee of Wuhan East Lake High-tech Development Zone, the administrative committee of Wuhan Economic and Technological Development Zone (the People’s Government of Hannan District), and the administrative committee of Wuhan East Lake Eco-tourism Scenic Spot, the same below) shall establish a joint meeting system for administrative mediation, strengthen their organization and leadership of administrative mediation within their respective district, expedite the development of administrative mediation teams, improve the interaction between the administrative mediation and the judicial mediation, arbitral mediation and people's mediation, and incorporate administrative mediation into their respective annual appraisal of law-based government construction.
The departments of the Municipal People’s Government and of the people’s governments at the district level shall enhance the business guidance, coordination and promotion of the administrative mediation work under their respective system.
The legal affairs department of the Municipal People’s Government and of the people’s governments at the district level shall be specifically responsible for the promotion, guidance, coordination, and supervision of the administrative mediation work within their respective jurisdictions, and for the routine work related to the joint meetings for administrative mediation.
Article 7 An administrative organ shall designate a specific department to be responsible for the overall planning and coordination of the administrative mediation work of the organ, and guide such department in its administrative mediation work.
An administrative organ may entrust a third party from social force to organize the specific administrative mediation work by purchasing its service, or may, if needed by work, employ an administrative mediation assistant to assist in its administrative mediation work.
Article 8 Disputed parties may not be charged for fees for administrative mediation. The funds for administrative mediation work shall be guaranteed by the government budget at the corresponding level.
Article 9 An administrative organ shall enhance its work relations with people’s courts, arbitration institutions, and people’s mediation organizations to improve the mechanism of coordination, interaction, information communication, and effect connection between the administrative mediation and the judicial mediation, arbitral mediation and people's mediation.
Chapter II Mediation for Civil Disputes
Article 10 Administrative organs may, as provided by relevant laws, regulations and rules, mediate for the civil disputes between citizens, legal entities and/or other organizations over the matters such as public security administration, environmental protection, medical treatment and public health, protection of the rights and interests of consumers, labor security, land ownership, land contract management or intellectual property rights, which are related to its performance of administrative responsibilities.
The list of responsibilities of administrative organs for their mediation in civil disputes shall be separately promulgated by the Municipal People’s Government, and dynamically adjusted in the light of the establishment, revision and repeal of laws, regulations and rules.
Article 11 For civil disputes provided in Article 10 of these Measures, a party concerned may apply for mediation by an administrative organ specified by laws, regulations and rules.
A party concerned to a civil dispute who applies for mediation shall specify its concrete requests, facts and reasons for mediation and provide the corresponding evidences.
An administrative organ shall, within five working days as of the date of application by a party concerned, solicit ideas of the opposite party to decide whether to accept the application.
Administrative mediation is not applicable to a civil dispute that has been accepted by a people’s court, an arbitration institution, or a people’s mediation organization.
Article 12 An administrative organ may initiate an administrative mediation for a civil dispute over resource development, environmental pollution, or public security that involves a large number of parties and has significant influence that may impact social stability.
Article 13 An administrative organ shall, prior to mediation for a civil dispute, inform in writing the parties concerned of the time, place and other matters related to mediation.
If agreed by the parties concerned, an administrative organ may also provide administrative mediation by means of network, telephone or letter.
Article 14 A party concerned may entrust one or two agents to participate in a mediation. If a party concerned includes five or more members, it shall elect not more than five representatives to participate in the mediation.
Article 15 Besides the parties concerned, citizens, legal entities or other organizations that have an interest in a civil dispute may apply for or be notified by an administrative organ of participation in a mediation.
Article 16 An administrative organ may, as needed, invite relevant entities, professionals or other related personnel to participate in a civil mediation, while the invited entities or individuals shall cooperate.
Article 17 An administrative mediator who falls under any of the following circumstances shall withdraw on his/her initiative; otherwise, a party to a civil dispute shall have the right to apply for such mediator’s withdrawal:
(1) He/she is a party to the civil dispute or a close relative of a disputing party;
(2) He/she is an interested party to the civil dispute; or
(3) He/she has other relations with a party to the civil dispute, which may affect fair mediation.
Article 18 A party concerned shall faithfully provide evidences to an administrative organ and be responsible for the authenticity of the evidences provided. An administrative organ may conduct investigation andevidence collection within the scope of its authority in the light of the application, or on its initiative, verify the evidences through investigation in line with its authority.
Article 19 During mediation of a civil dispute, an administrative organ shall listen to the statements of the parties concerned, explain to them the relevant laws, regulations, rules and policies, and guide the parties concerned to understand the facts and legal principles and to reach a mediation agreement voluntarily.
Article 20 An administrative organ shall conclude the mediation for a civil dispute within 30 days as of the date of acceptance. In complicated or other special circumstances, the time limit may be extended properly with the consent of the parties concerned and such extension shall not exceed 30 days.
Article 21 Where an agreement is reached through mediation, an administrative organ shall make an administrative mediation agreement for civil dispute. Such agreement shall be signed or sealed by the parties concerned and affixed with the seal of the administrative organ, and each party concerned and the administrative organ shall hold one copy respectively. If the parties concerned consider it unnecessary to do so, an oral agreement may apply, while an administrative mediator shall make a record hereof, which shall be signed or sealed by the parties concerned.
If the parties concerned fail to reach an agreement after mediation or require termination of the mediation, an administrative organ shall terminate the mediation, issue a notice of termination, and inform the parties concerned that they may resolve their civil dispute through arbitration or litigation. After termination of the mediation, an application for administrative mediation filed by the parties concerned on the same fact shall not be accepted.
Article 22 An administrative mediation agreement for civil dispute shall state the following matters:
(1) the basic information of the parties concerned ;
(2) mediation request;
(3) the content of the mediation agreement; and
(4) other matters necessary to be stated.
Article 23 An administrative mediation agreement for civil dispute shall come into force as of being signed or sealed by the parties concerned and affixed with the seal of an administrative organ. An oral agreement shall come into force as of the date the parties concerned reach such agreement.
Article 24 A party concerned may apply, according to law, either to a public notary organ for notarization of an administrative mediation agreement for civil dispute or to an arbitration agency or a people's court for confirmation of the legal effect of such agreement.
Chapter III Mediation for Administrative Disputes
Article 25 In administrative reconsideration, an administrative reconsideration organ may, after obtaining the consent of the parties concerned, mediate for administrative disputes concerning:
(1) the exercise of discretionary power by administrative organs;
(2) administrative compensation or administrative remedy; or
(3) other matters that can be resolved by mediation as provided by laws, regulations and rules.
A party concerned who agree to resolve a dispute by mediation shall file a written application for the suspension of administrative reconsideration. Mediation shall be organized by an administrative reconsideration organ, which shall suspend the examination of an administrative reconsideration case during the period of mediation.
Article 26 An administrative reconsideration organ may notify, besides the parties concerned, any citizen, legal entity, or any other organization who has an interest in an administrative dispute to participate in mediation.
Article 27 An administrative reconsideration organ shall listen to the statements of the parties concerned during its mediation in an administrative dispute, explain to them the provisions of relevant laws, regulations, rules and policies, as well as the basis, reasons and relevant considerations for law enforcement, and answer their questions.
Article 28 An administrative reconsideration organ shall conclude mediation for an administrative dispute within 30 days from the date of making the decision of mediation; in complicated or other special circumstances, the mediation duration may, with the consent of the parties concerned, be properly extended to a maximum of 30 days.
Article 29 Where agreement is reached after mediation in an administrative dispute, an administrative reconsideration organ shall work out a paper of administrative reconsideration mediation.
A paper of administrative reconsideration mediation shall set forth the following matters:
(1) the basic information of the parties concerned;
(2) the requests, facts and reasons for administrative reconsideration;
(3) the content, performance method and deadline of the agreement; and
(4) other matters that need to be set forth.
Article 30 The parties concerned who reach an agreement with an administrative organ after mediation shall file a written application to an administrative reconsideration organ for the withdrawal of administrative reconsideration, and the latter shall accordingly terminate the administrative reconsideration.
If, in accordance with a mediation agreement, an administrative organ needs to change its original administrative act, it shall revoke the original and make a new administrative act, and inform an administrative reconsideration organ.
Article 31 If a party concerned cannot reach an agreement with an administrative organ or requires terminating the mediation, an administrative reconsideration organ shall terminate the mediation and resume the examination of the administrative reconsideration case according to law.
Article 32 If a party concerned is not satisfied with the administrative act of an administrative organ, such administrative organ may consult with the party concerned to reach a settlement on the premise of not damaging the State, social and public interests and the legal rights and interests of a third party.
An administrative organ that reaches a settlement agreement with a party concerned voluntarily during administrative reconsideration or administrative litigation shall inform an administrative reconsideration organ or a people's court.
Chapter IV Guidance and Supervision
Article 33 The departments of legislative affairs under the Municipal People's Government and the people's governments at the district level shall strengthen their guidance over the administrative mediation work within their respective jurisdictions, establish and improve the procedures and norms for administrative mediation, improve the relevant supporting systems and the model texts of relevant documents, regularly organize business training for and improve the professional quality of their administrative mediators.
Article 34 An administrative organ shall establish and improve its statistical analysis system for administrative mediation, and make periodic statistical analysis on the number of administrative mediation cases, the categories and solutions of disputes, and other information data, and submit as provided the relevant data and materials to the departments of legislative affairs under the government at the same level.
Article 35 An administrative organ shall establish archives for administrative mediation, and record and archive without delay the materials recording the information such as application, acceptance, mediation, and agreement.
Article 36 If, in the process of administrative mediation, an administrative organ and its functionaries fail to perform, or perform illegally or inappropriately the administrative mediation duties, the responsible persons directly in charge and other persons directly in charge shall be given administrative sanctions according to law; if a crime is constituted, the criminal responsibilities shall be investigated according to law.
Chapter V Supplementary Provisions
Article 37 The “parties concerned” as used in these Measures include the parties concerned in civil disputes and the administrative counterparts in administrative disputes.
Article 38 With respect to the mediation of administrative organs for civil disputes and administrative disputes as entrusted by the people’s courts, the relevant provisions of these Measures shall be consulted.
Article 39 These Measures shall come into force as of January 1, 2018.
People’s governments at the district level, departments of the Municipal People’s Government.
Office of Legislative Affairs of the Provincial People’s Government.
General Office of the Municipal Party Committee, Wuhan Garrison Command, people’s organizations, Democratic Parties.
General Office of the Standing Committee of the Municipal People’s Congress, General Office of CPPCC Wuhan Committee, Municipal People’s Court and Procuratorate.
News agencies, enterprises and institutions affiliated to ministries.
General Office of Wuhan Municipal People’s Government
Printed and Distributed on November 27, 2017