534.Regulations of Shenzhen Special Economic Zone on the Diversified Resolution of Conflicts and Disputes

深圳经济特区矛盾纠纷多元化解条例

Regulations of Shenzhen Special Economic Zone on the Diversified Resolution of Conflicts and Disputes

　　Chapter I General Provisions

　　Article 1 To resolve conflicts and disputes timely and effectively, protect the legitimate rights and interests of parties to conflicts and disputes (“the party/parties”), maintain social harmony and stability, and modernize urban governance, these Regulations are formulated in accordance with the basic principles specified in relevant laws and administrative regulations and in light of the actual needs of Shenzhen Special Economic Zone.

　　Article 2 These Regulations shall apply to the diversified resolution of conflicts and disputes in Shenzhen Special Economic Zone.

　　The diversified resolution of conflicts and disputes as mentioned in these Regulations refers to the activities to resolve conflicts and disputes by diversified means such as reconciliation, mediation, petition, administrative adjudication, administrative reconsideration, arbitration and litigation.

　　Article 3 The diversified resolution of conflicts and disputes shall follow the principles of prevention-first, equality, voluntariness, honesty, trustworthiness, fairness, legal compliance, non-litigation-first, high efficiency and convenience.

　　Article 4 Municipal and district people’s governments shall include the diversified resolution of conflicts and disputes into the plan of Shenzhen Municipality of building a city ruled by law, strengthen their capacities to prevent and resolve conflicts and disputes and promote the healthy development of conflict and dispute resolution organizations. Efforts shall also be made to encourage social participation in conflict and dispute resolution. Relevant authorities shall be urged to fulfill their duties for conflict and dispute resolution and provide necessary financial support.

　　Relevant departments of municipal and district people’s governments, people’s courts, people’s procuratorates, people’s organizations, primary-level people’s organizations for self-governance, enterprises and public institutions shall, in accordance with their respective duties, formulate a sound mechanism for resolving conflicts and disputes by diversified means.

　　Article 5 Municipal and district people’s governments shall work together to formulate a work coordination mechanism where authorities responsible for resolving conflicts and disputes can coordinate with other organizations in resolving conflicts and disputes. All parties shall be coordinated to jointly resolve conflicts and disputes involving different administrative regions, authorities, industries and people with a big social impact.

　　Article 6 State organs, people’s organizations, enterprises, public institutions and media outlets shall, in accordance with their respective duties, strengthen legal publicity, promote core socialist values and guide the public to rationally and lawfully demand their interests, resolve conflicts and disputes, and safeguard their legitimate rights and interests.

　　Chapter II Resolution atSource

　　Article 7 Municipal and district people’s governments, their relevant departments, people’s courts and people’s procuratorates shall adhere to the “prevention at source” principle and prevent disputes throughout major decision-making, administrative law enforcement and judicial proceedings, so as to reduce disputes.

　　Municipal and district people’s governments and their relevant departments shall strengthen primary-level governance, allocate more resources for the diversified resolution of conflicts and disputes to primary-level authorities, prevent and resolve all kinds of conflicts and disputes at source fully based on primary-level autonomy by working with public legal service institutions. They shall also work hard to develop mechanisms for social stability risk assessment, investigation and mediation of conflicts and disputes, and guide the resolution of conflicts and disputes by non-litigation means according to the law.

　　Article 8 Municipal and district people’s governments and their relevant departments shall improve the disclosure system for government affairs, publicize major decision-making processes and results, and explain relevant issues to administrative counterparts and the public. If false or incomplete information that causes or may cause conflicts and disputes is found, accurate information shall be released timely.

　　Article 9 State organs, people’s organizations, enterprises and public institutions shall formulate mechanisms for social psychological counseling and crisis intervention, and assign full-time or part-time psychological counseling workers as needed to help the public build self-esteem, confidence and a rational, peaceful and positive social mentality. Psychological intervention services shall also be offered in time when conflicts and disputes occur so as to calm the parties down and avoid intensification.

　　Article 10 Authorities responsible for organizing and coordinating the establishment of a safe city shall organize, coordinate, supervise, inspect and evaluate the diversified resolution of conflicts and disputes and formulate a coordination mechanism. Efforts shall also be made to incorporate the resolution of conflicts and disputes into the system for assessing the establishment of a safe city and improve the reward and punishment mechanism for the diversified resolution of conflicts and disputes.

　　Article 11 The judicial administration authorities shall, according to the law, develop coordination mechanisms between the resolution of conflicts and disputes by non-litigation and between the resolution of conflicts and disputes by non-litigation and litigation, guide the application of mediation in resolving conflicts and disputes, promote the coordination of mediation in different forms, and improve mechanisms for administrative reconsideration and administrative adjudication. Efforts shall also be made to encourage legal service institutions, legal practitioners and volunteers to help resolve conflicts and disputes.

　　The public security authorities shall advance the application of mediation in public security cases and help subdistrict and community authorities resolve conflicts and disputes according to the law.

　　The petition authorities shall deal with petitions through a classified process and formulate a sound mechanism for coordinating different means of resolving conflicts and disputes such as petition, mediation, arbitration, administrative adjudication, administrative reconsideration and litigation.

　　The human resources authorities shall, together with trade unions and enterprises, improve the mechanism for multi-party coordination of labor relations, actively prevent labor disputes, reform the mechanism for labor dispute handling, strengthen the administration 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 employees and employers.

　　Other relevant departments of municipal and district people’s governments shall, according to their respective duties, formulate a sound mechanism for conflict and dispute resolution, and conduct administrative mediation and administrative adjudication according to the law.

　　Subdistrict offices shall, together with the conflict and dispute resolution authorities within their jurisdictions such as police stations, people’s courts and community committees, establish a conflict and dispute resolution center based on the plan of building a safe city to prevent, investigate and resolve conflicts and disputes.

　　Article 12 Subdistrict offices shall promote institutionalized community consultation, ensure smooth channels for people to express their demands and help resolve conflicts and disputes. For conflicts and disputes to be resolved with relevant authorities, they can request such authorities to be present for mediation, and such authorities shall cooperate.

　　Community committees shall arrange for people’s mediators, grid administrators, community workers, community legal advisers and volunteers for the establishment of a safe city to prevent, investigate and resolve conflicts and disputes in the local areas.

　　People’s mediators, grid administrators, volunteers for the establishment of a safe city and community assistants, when discovering any conflict or dispute, shall mediate in time and report it quickly to avoid intensification.

　　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 accountability system, improve the mechanism for participating in conflict and dispute resolution, resolve conflicts and disputes through fair case handling, and prevent new conflicts and disputes arising from case handling.

　　Article 14 Trade unions, the Communist Youth League (CYL), women’s federations, federations of industry and commerce, councils for the promotion of international trade and trade associations may set up industrial and professional mediation organizations to support the formulation of a mechanism for the diversified resolution of conflicts and disputes and jointly prevent and resolve conflicts and disputes.

　　Article 15 Organizers of large events such as trade fairs, exhibitions and expos and managers of trading centers such as big shopping malls and supermarkets shall establish mechanisms for regular and on-site mediation to resolve conflicts and disputes on site timely.

　　Article 16 Large and medium-sized enterprises and administrative committees of industrial parks shall be encouraged to set up their conflict and dispute mediation organizations according to the law to resolve conflicts and disputes such as labor disputes timely.

　　Article 17 The parties shall be encouraged to resolve conflicts and disputes through non-litigation. They can negotiate a settlement based on equality, voluntariness, mutual understanding and accommodation. For conflicts and disputes that can not be settled through negotiation but can be mediated, mediation shall be preferred.

　　Article 18 Lawyers and primary-level legal workers shall be encouraged to actively help resolve conflicts and disputes. When providing legal services, lawyers and primary-level legal workers shall inform the parties of different means of resolving conflicts and disputes and their characteristics, and encourage them to reasonably choose non-litigation means that cost less, cause less confrontation and facilitate relationship restoration.

　　Chapter III Mediation

　　Section 1 General Rules

　　Article 19 The judicial administration authorities shall, together with relevant authorities, build a comprehensive platform for mediation information, promote the comprehensive and coordinated development of people’s mediation, labor mediation, commercial mediation and administrative mediation, and form a mediation model featuring complementarity and coordination to provide one-stop resolution services for the parties.

　　Article 20 Mediation may be conducted in accordance with industry rules, trading practices, resident conventions, community conventions and good customs, but shall not violate the mandatory provisions of laws and regulations.

　　Article 21 The parties may apply to mediation organizations for mediation. If one party explicitly refuses mediation, mediation shall not be conducted.

　　Article 22 Mediators shall be fair and upright adult citizens with a passion for mediation, a good educational background and knowledge about policies and laws.

　　Article 23 Mediators shall be neutral, objective and impartial.

　　If a mediator has an interest in the dispute or has a family or another relationship with the party or agent, which may affect the impartial mediation of the dispute, he shall proactively disclose this situation before mediation and apply to the mediation organization for withdrawal.

　　If a party requests the mediator to withdraw, the mediator shall withdraw.

　　Article 24 Mediation organizations, mediators and other relevant individuals shall keep confidential the personal information and business secrets of the parties, except as otherwise provided for by the law.

　　Article 25 The parties may agree on a time limit for mediation on their own. If there is no agreement, the time limit for mediation shall be 30 days. Where laws and regulations provide otherwise, such laws and regulations shall prevail.

　　If no mediation agreement is reached upon the expiration of the time limit for mediation, mediation shall be terminated. If the parties agree to extend the time limit, mediation can be continued.

　　Article 26 If the parties reach a mediation agreement after mediation, the mediation organization may prepare a mediation agreement. If the parties reach a mediation agreement on a part of the dispute, the mediation organization may first confirm and prepare a mediation agreement for that part. The parties and the mediator shall sign or seal the mediation agreement, and the mediation agreement shall bear the seal of the mediation organization.

　　If the parties consider it unnecessary to make a mediation agreement, they may adopt an oral agreement, and the mediator shall record the contents of the agreement.

　　Article 27 A reconciliation agreement or mediation agreement reached according to the law shall be legally binding, and the parties shall perform it.

　　If a party fails to perform the mediation agreement, the other party may apply to the mediation organization to urge it for performance.

　　Article 28 Mediation shall be terminated under any of the following circumstances:

　　1. Any party that withdraws his application for mediation or explicitly states that he no longer accepts mediation;

　　2. Any party that conceals important facts, provides false information or deliberately delays time;

　　3. Any party that may have maliciously colluded with other people to harm the public interest or the legitimate rights and interests of a third party;

　　4. Other acts that make it difficult to conduct mediation or for which mediation shall be terminated according to the laws and regulations.

　　Section 2 People’s Mediation

　　Article 29 Residents’ committees shall improve people’s mediation organizations, while subdistrict offices, enterprises, public institutions, social organizations or other organizations may set up people’s mediation committees according to the law when necessary. Subdistrict offices may set up professional people’s mediation committees to mediate conflicts and disputes in related fields based on conflict and dispute mediation within their jurisdictions.

　　The people’s mediation committees set up by subdistrict offices may, when necessary and upon consensus through consultation, set up accredited people’s mediation offices in state organs, enterprises, public institutions, social organizations or other organizations to facilitate the parties to apply for mediation.

　　People’s courts, petition authorities, public legal service centers, lawyers’ associations and law firms may set up lawyers’ mediation offices.

　　People’s mediation committees and people’s mediators may establish people’s mediation associations according to the law and exercise self-discipline over their members according to their articles of association.

　　Article 30 The subdistrict people’s mediation committee and its accredited people’s mediation office may employ two or more full-time people’s mediators on a preferred basis by means of purchasing services.

　　Residents’ committees and people’s mediation committees of enterprises and public institutions, where appropriate, shall be encouraged to employ at least one full-time people’s mediator.

　　Article 31 With the consent of the corresponding people’s mediation committee, the people’s mediator may set up a personal mediation office, which shall be named and administered by a judicial administration authority at or above the district level.

　　Mediators of the personal mediation office shall enjoy the same treatment in terms of subsidies, training and commendation as those of the people’s mediation committee to which the personal mediation office is subordinate.

　　Article 32 Where a people’s mediation committee discovers a conflict or dispute, but the parties do not apply for people’s mediation, it shall proactively notify the parties that they can resolve the conflict or dispute through mediation.

　　The people’s mediation committee shall promptly put forward opinions and suggestions to the subdistrict office or the residents’ committee if it discovers problems in community governance or risks of other conflicts and disputes in the process of mediation.

　　Section 3 Labor Mediation

　　Article 33 Primary-level people’s mediation organizations set up according to the law, organizations set up by subdistrict offices that can mediate labor disputes and other organizations set up according to the law that can mediate labor disputes may mediate labor disputes.

　　Article 34 Enterprises shall be encouraged to set up labor dispute mediation committees and provide necessary offices and funds.

　　Industrial parks, business parks, trade associations and chambers of commerce shall be encouraged to set up regional and industrial labor dispute mediation organizations according to the law.

　　Article 35 The municipal human resources authorities shall, together with the municipal judicial administration authorities and federations of trade unions, formulate a sound roster administration system for labor dispute mediators and organize mediator training to constantly improve their competence.

　　The municipal human resources authorities shall regularly make statistics on the labor dispute mediation committees established by enterprises.

　　Section 4 Commercial Mediation

　　Article 36 Commercial disputes involving trade, investment, finance, transport, real estate, intellectual property, technology transfer and engineering construction may be mediated by commercial mediation organizations.

　　Article 37 Commercial mediation organizations shall obtain the consent of the judicial administration authorities and register as non-profit organizations according to the law.

　　Commercial mediation organization shall formulate their articles of association and mediation rules, and have their own names, addresses, members and assets.

　　Article 38 Commercial mediation organizations may charge mediation service fees, which shall adopt market-pricing, set by commercial mediation organizations according to the principles of fairness, reasonability and integrity, the salaries of mediators and operating costs, and disclosed to the public.

　　Article 39 Commercial mediation organizations shall submit mediation rules, the list of mediators and rates to the judicial administration authorities.

　　Article 40 Mediators, the parties, employees of mediation organizations and other parties involved in commercial mediation shall not disclose the following information:

　　1. Statements, concessions or commitments made by the parties;

　　2. Opinions or suggestions made by mediators;

　　3. Mediation records;

　　4. Other mediation-related documents.

　　Article 41 The judicial administration authorities shall guide and supervise commercial mediation, promote the establishment of a credit system for the commercial mediation industry and regularly disclose supervision and administration progress to the public.

　　Article 42 Commercial mediation organizations may set up industry organizations according to the law and carry out self-discipline management in the industry according to the laws, regulations and their articles of association.

　　Commercial mediation industry organizations may rate commercial mediation organizations and inform the judicial administration authorities and people’s courts of the rating result.

　　Section 5 Administrative Mediation

　　Article 43 Relevant departments of municipal and district people’s governments shall set up administrative mediation committees, disclose to the public the list of items subject to administrative mediation and advance administrative mediation according to the law.

　　Article 44 When an administrative organ discovers a conflict or dispute that falls into the scope of the list of items subject to administrative mediation in the course of performing its duties, it shall notify the parties that they may apply for administrative mediation.

　　The administrative authorities shall, according to their duties, proactively mediate conflicts and disputes that involve many people, have a big impact and may affect social stability.

　　Article 45 Administrative mediation adopts the territorial principle. Local administrative authorities shall mediate conflicts and disputes that fall into the scope of their duties according to the law. Conflicts and disputes that do not fall into the scope of their duties shall be transferred to the administrative authorities with jurisdiction within three working days.

　　Where there is a dispute over the acceptance of a conflict or dispute by an administrative authority, or where several administrative authorities are involved, the administrative authority that initially accepted the conflict or dispute shall report to their common superior administrative authority for designated acceptance.

　　Article 46 The administrative authority shall, within five working days, decide whether to accept an application for administrative mediation submitted by a party. Where there are complex legal relationships or several administrative authorities are involved, the administrative authority shall decide within ten working days. If it decides not to accept the application, it shall notify the party in writing and specify the reason.

　　Article 47 With the consent of the parties, administrative authorities may authorize, invite or work with other mediation organizations for mediation.

　　Chapter IV Arbitration

　　Section 1 Labor Arbitration

　　Article 48 Where the parties apply for labor arbitration, the arbitration institution shall guide the parties to settle the dispute on their own or apply to a labor dispute mediation organization for mediation.

　　Article 49 After the parties apply for labor arbitration, they may settle the dispute on their own. If a settlement agreement is reached, the application for arbitration may be withdrawn.

　　If the parties fail to settle the labor dispute on their own after applying for arbitration, the arbitration tribunal shall, according to the law, conduct mediation before making an award.

　　Article 50 In adjudicating a labor dispute, the arbitration tribunal shall first award the part of the labor dispute with clear facts and then mediate the part that has not been awarded.

　　Article 51 As for a case of claiming labor remuneration, medical expenses for industrial injuries, economic compensation or other compensation, where the labor dispute arbitration tribunal, based on the application of the parties, awards advance enforcement, it shall mediate the part that has not been awarded and the part that has not been transferred for enforcement after the case has been transferred for enforcement.

　　Article 52 Labor dispute arbitration institutions may adopt flexible and diverse case handling methods such as written hearings and online hearings to facilitate the parties’ participation in arbitration and improve case handling performance and efficiency.

　　Section 2 Civil and Commercial Arbitration

　　Article 53 The parties shall be encouraged to voluntarily resolve civil and commercial disputes through arbitration.

　　The parties shall be encouraged to specify arbitration as a way to resolve contract disputes in model texts for civil and commercial contracts.

　　Article 54 Arbitration institutions shall be encouraged to set up mechanisms for cooperation and communication with commercial mediation organizations and overseas arbitration institutions so as to build international, professional and innovative arbitration and protect the legitimate rights and interests of civil and commercial subjects.

　　Where an arbitration institution investigates and collects evidence according to the law, citizens, legal persons and other organizations shall cooperate.

　　Article 55 Arbitration institutions shall establish a mechanism for recommending mediation before arbitration of civil and commercial disputes, and guide the parties to submit disputes to mediation organizations for mediation first.

　　Article 56 Before an arbitration tribunal makes an award, the parties may apply to it for mediation or propose to refer the dispute to a mediation organization for mediation, which the arbitration tribunal shall allow. If mediation fails, the arbitration tribunal shall make an award timely.

　　Chapter V Administrative Adjudication and Administrative Reconsideration

　　Section 1 Administrative Adjudication

　　Article 57 The administrative authorities may, according to the laws, regulations and rules, make administrative decisions on the following civil disputes related to administrative activities where the parties apply for administrative adjudication:

　　1. Disputes over the ownership of natural resources;

　　2. Disputes over intellectual property and compensations;

　　3. Disputes over government procurement;

　　4. Other civil disputes as provided for by laws, regulations and rules.

　　Article 58 In adjudicating a civil dispute, the administrative authority shall first mediate it. If the parties reach an agreement through mediation, the administrative authority shall prepare a mediation agreement, which shall be signed by the parties and the mediation worker and be affixed with the seal of the administrative authority.

　　If the parties refuse mediation or the mediation fails, the administrative authority shall make an award timely. If the award needs to be submitted to the people’s government at the corresponding level for review, it shall be submitted in accordance with the prescribed procedure.

　　Article 59 A party who refuses to accept the administrative decision made by the administrative authority on a civil dispute may file an administrative suit within the statutory time limit and apply to the people’s court to resolve the civil dispute together. If laws provide otherwise, such laws shall prevail.

　　Section 2 Administrative Reconsideration

　　Article 60 The administrative reconsideration authority may mediate the case it has accepted on a voluntary and lawful basis. If the parties reach an agreement through mediation, the administrative reconsideration authority shall prepare a mediation agreement for administrative reconsideration. If no agreement is reached or a party regrets before the mediation agreement takes effect, the administrative reconsideration authority shall make an administrative reconsideration decision timely.

　　The administrative reconsideration authority may advance social participation in administrative reconsideration mediation presided over by the reconsideration authority by means of purchasing services. Administrative reconsideration mediation funds shall be incorporated into the budget of the administrative reconsideration authority.

　　Article 61 Where an applicant and a respondent voluntarily reach a settlement before an administrative reconsideration decision is made, a written settlement agreement shall be submitted to the administrative reconsideration authority. If the settlement agreement does not contain any content that harms social public interests and the legitimate rights and interests of other people, the administrative reconsideration authority shall approve it and terminate administrative reconsideration.

　　Article 62 The administrative reconsideration authority shall try to set up the administrative reconsideration advisory committee led by the government and supported by experts, scholars, lawyers and other social elements, which provides professional consulting services for handling major, difficult and complex administrative reconsideration cases.

　　Article 63 Administrative reconsideration authorities shall make full use of administrative reconsideration proposals and opinions, guide administrative authorities to correct improper or illegal acts, and reduce administrative disputes at source.

　　Chapter VI Coordination Mechanism

　　Article 64 The parties may authorize experts with professional evaluation capabilities or other third-party institutions to evaluate facts, the application of laws and the handling result.

　　Third-party institutions may guide the parties to reach a settlement agreement. Evaluation reports made by third-party institutions may serve as reference for settlement and mediation.

　　Third-party evaluation shall not be conducted in public. Evaluation agencies, evaluators and other relevant people shall keep confidential the personal information and business secrets of the parties, except as otherwise provided by the law or agreed by the parties.

　　Article 65 Public security authorities may invite people’s mediators to mediate cases together according to the law. People’s mediation organizations may also invite public security authorities to mediate civil disputes.

　　Article 66 When handling minor criminal cases or civil or administrative litigation cases, people’s procuratorates may, with the consent of the parties, authorize, invite or work with mediation organizations to cause the parties to reach a settlement.

　　When handling guilty-plea cases with victims known, people’s procuratorates shall promote criminal reconciliation according to the law and take criminal reconciliation as the basis for lenient punishments for criminal suspects or defendants.

　　Article 67 People’s courts shall optimize coordination mechanisms for resolving conflicts and disputes through litigation or non-litigation as well as long-term litigation-mediation coordination and coordinate with the administrative authorities, arbitration institutions, mediation organizations or notarial institutions in guiding the parties to resolve conflicts and disputes by appropriate means. Efforts shall also be made to provide professional guidance to mediation organizations and mediation associations and promote coordination during judicial confirmation, enforcement of effective legal documents, and enforcement of notarized credit documents.

　　Article 68 If the parties have reached a mediation agreement according to the law during arbitration, they may apply to the arbitration institution for making a mediation agreement or an award according to their agreement.

　　Article 69 For a civil, commercial or administrative dispute brought by the parties to a people’s court, the people’s court may introduce the mediation procedure according to the law before registering and filing the case.

　　The preceding paragraph shall not apply to a case where mediation has already been initiated by any party, where mediation shall not be applied according to the law, or where mediation is inappropriate.

　　Article 70 People’s courts may select and invite specific mediation organizations according to the law for mediation within the scope of their duties and according to the mediation procedure. The list of such mediation organizations shall be made public. When selecting and inviting commercial mediation organizations, people’s courts may refer to the rating result of commercial mediation industry organizations on such mediation organizations.

　　Article 71 Where a civil mediation agreement is reached through mediation by a mediation organization established according to the law, the parties may apply to the people’s court for judicial confirmation according to the law.

　　If, after the people’s court has made a confirmation order according to the law, a party fails to perform the order or fails to perform the order accordingly, the other party may apply to the people’s court for compulsory enforcement according to the law.

　　Article 72 Where a settlement or mediation agreement involves payment of money or negotiable securities, the parties may apply to the people’s court for a payment order according to the law.

　　Article 73 If no mediation agreement is reached after mediation, with the consent of the parties, the mediator may record the facts that are not in dispute between the parties, which shall be confirmed by the parties’ signature on the mediation record and may be submitted as evidence of relevant facts in administrative adjudication, reconsideration, arbitration or litigation.

　　Article 74 The address of service provided by the parties in mediation may be used as the address of service in arbitration, litigation and other proceedings.

　　Evaluation reports and expert opinions in mediation that do not violate legal provisions may be used in arbitration, litigation and other proceedings with the consent of the parties.

　　Article 75 During the mediation by the administrative authority or a mediation organization, the parties may apply to the people’s court for property preservation according to the law.

　　Article 76 Where a settlement or mediation agreement involves payment, the parties may apply to a notarial institution for the notarization of credit documents with compulsory enforcement effect. If a party fails to perform the agreement or perform the agreement accordingly, the other party may apply to the people’s court for property preservation and compulsory enforcement according to the law.

　　Chapter VII Guarantee and Supervision

　　Article 77 Municipal and district people’s governments shall build a platform for information about conflict and dispute resolution. Relevant departments of municipal and district people’s governments, people’s courts, people’s procuratorates and other organizations that are qualified for resolving conflicts and disputes shall promote information development and provide online consultation, online negotiation, online mediation, online notarization, online arbitration and online judicial confirmation so as to realize online resolution and information sharing of all kinds of conflicts and disputes on the platform.

　　Article 78 The people’s court shall build a sound one-stop service platform for resolving disputes by diversified means and litigation that integrates litigation service, case filing and registration, litigation-mediation coordination and litigation-related petition, so as to support dispute resolution. Efforts shall also be put into authorized mediation, judicial confirmation and mediation through guidance.

　　Article 79 The judicial administration authorities shall, together with relevant authorities, improve the professional ethics of mediators and formulate a sound mechanism for mediator training and withdrawal.

　　The judicial administration authorities shall strengthen guidance and supervision for people’s mediation associations and commercial mediation industry organizations.

　　Article 80 The judicial administration authorities shall, together with the human resources authorities, include mediators in the training and evaluation system for professional social workers.

　　A graded administration system for mediators shall be established for the dynamic administration of mediator ratings. Mediator rating agencies shall regularly announce the result of mediator ratings to the public.

　　Where a full-time people’s mediator is hired by means of the government’s purchasing services or the establishment of public welfare posts, the rating of the people’s mediator shall be taken as an important basis for determining his basic salary, subsidy and honorary title.

　　Article 81 The authorities of judicial administration, human resources and finance shall work together to improve the mechanism for guaranteeing mediation funds and the dynamic incentive system where mediators will be rewarded for the cases they have tried to resolve.

　　Mediation organizations and mediation industry associations shall be encouraged to purchase personal accident insurance for mediators and strengthen the protection of mediators.

　　Article 82 Municipal and district people’s governments shall supervise their inferior departments in resolving conflicts and disputes by diversified means. Relevant competent authorities shall supervise the mediation of industrial mediation organizations in their respective fields.

　　Any organization or individual shall have the right to report or file a charge against any act that violates these Regulations.

　　Article 83 People’s courts and people’s procuratorates may supervise conflict and dispute resolution by proposing judicial and procuratorial suggestions.

　　Article 84 The standing committees of municipal and district people’s congresses shall collect and reflect the people’s opinions and suggestions by hearing and deliberating special work reports, conducting law enforcement inspections and inquiries, or organizing inspections and research of people’s congress deputies. Efforts shall also be made to supervise people’s governments, people’s courts and people’s procuratorates at the same level in fulfilling their duties of resolving conflicts and disputes by diversified means.

　　Chapter VIII Legal Liabilities

　　Article 85 Where the parties have maliciously colluded and infringed upon the interests of the State, social public interests or the legitimate rights and interests of other people by the means of resolving conflicts and disputes provided for in these Regulations, the party qualified for resolving conflicts and disputes shall, according to the specific circumstances, refuse to accept the case, suspend resolution or cancel relevant documents according to the law. Relevant authorities shall investigate the parties for legal liabilities according to the law.

　　Where a stakeholder has evidence to prove that his legitimate interests have been damaged by dishonest acts in conflict and dispute mediation, he shall have the right to require the dishonest party to bear the liability for compensation.

　　Article 86 Where a mediator or evaluator commits any of the following acts in his work, his employer shall warn him and order him to make corrections. If the circumstances are serious, he shall be dismissed by the party that recommends or appoints him and shall be investigated for legal liabilities according to the law:

　　1. Favoring a party;

　　2. Insulting a party;

　　3. Soliciting or accepting property or seeking other improper interests;

　　4. Disclosing a party’s personal information and business secrets;

　　5. Other acts that violate professional ethics.

　　Article 87 Where municipal and district people’s governments, their relevant departments or their workers fail to perform their relevant duties according to these Regulations, relevant authorities shall order them to make corrections and circulate a notice of criticism. Where adverse consequences or effects are caused, the persons directly in charge and other persons directly responsible shall be given sanctions according to laws and regulations.

　　Chapter IX Supplementary Provisions

　　Article 88These Regulations shall enter into force as of May 1, 2022.