Regulations of Shanghai Municipality on Promoting Multi-channel Resolution of Conflicts and Disputes were adopted at the 29th

Session of the Standing Committee of the 15th Shanghai Municipal People’s Congress on February 26, 2021, and are hereby promulgated. They shall be effective as of May 1, 2021.

Standing Committee of Shanghai Municipal People’s Congress

February 26, 2021

Regulations of Shanghai Municipality on Promoting Multi-channel

Resolution of Conflicts and Disputes

(Adopted at the 29th Session of the Standing Committee of the 15th Shanghai Municipal People’s Congress on February 26, 2021)

Chapter I  General Provisions

Article 1 With a view to promoting and standardizing multi-channel resolution of conflicts and disputes, safeguarding social fairness and justice, promoting social harmony and modernizing the urban governance system and capability, these Regulations are formulated in accordance with relevant laws and administrative rules, and in the light of the actual circumstances of this Municipality.

Article 2 These Regulations apply to the relevant work of promoting multi-channel resolution of conflicts and disputes within the administrative area of this Municipality.

Article 3 This Municipality shall adhere to and develop the

Fengqiao Town Experience in the new era, actively implement the important concept of “the people’s city is built by and for its people”, give play to the main role of the people, improve the working mechanism of correctly handling the conflicts among the people, and smoothen and standardize channels for the public to express their demands, coordinates their interests, and protects their rights and interests. This Municipality shall improve various working systems of mediation and joint action, and construct a comprehensive social-conflict-resolving mechanism characterized by prevention and control of the conflicts at the source, investigation and sorting of the conflicts, resolution of the disputes, and emergency handling, thus resolving the conflicts at the grass-roots level and at the source.

Article 4 The multi-channel resolution of conflicts and disputes shall uphold the leadership of the Party committee, the responsibility of the government, democratic consultation, social coordination, public participation, legal protection, and scientific and technological support, and shall follow the following principles:

1. being fair, just, convenient and efficient;

2. respecting the will of the parties concerned;

3. not violating the laws, rules and national policies, and respect the good public order and customs;

4. giving priority to reconciliation and mediation; and

5. combining prevention with resolution, and focusing on substantive settlement of disputes.

Article 5 Multi-channel resolution of conflicts and disputes shall first resort to non-litigation settlement, strengthen the prevention of the source of the conflicts and disputes and the governance of the source of the lawsuits, improve the preventive system, and build a multi-channel conflict/dispute resolution mechanism that is featured by smooth-connectivity, coordinated joint action, efficiency and convenience.

The people’s governments at all levels and their departments shall establish and improve the early warning mechanism for the investigation of social conflicts and disputes, focus on key groups, key regions, key industries and key time periods, carry out targeted investigation of conflicts and disputes, discover the clues of the conflicts and disputes in time, strengthen analysis, judgment and early warning, and properly handle the conflicts and disputes in accordance with law.

For conflicts and disputes that cross administrative regions, departments and industries, or involve a large number of people and have great social impact, the relevant departments shall establish a joint-consultation mechanism, and strengthen joint action and cooperation, so as to prevent and resolve conflicts and disputes at the source.

People’s governments at all levels and their relevant departments, sub-district offices, neighborhood (village) committees and relevant units shall handle conflicts and disputes that may cause social security incidents in a timely manner and in accordance with the law, so as to prevent conflicts from escalating or intensifying into public security cases or criminal cases.

Article 6 The municipal and district people’s governments shall incorporate the promotion of multi-channel conflict/dispute resolution into their relevant plans for the development of the rule of law, strengthen the building of their ability to prevent and resolve conflicts and disputes, guarantee the funds, cultivate social organizations that can resolve conflicts and disputes, and organize, coordinate and urge the relevant departments to fulfill their responsibilities for multi-channel conflict/dispute resolution.

Town/township people’s governments and sub-district offices shall organize and coordinate the police stations, judicial offices, neighborhood/village committees and mediation organizations within their respective jurisdiction to carry out prevention, investigation and resolution of conflicts and disputes.

Article 7 The organization responsible for organizing and coordinating the multi-channel resolution of conflicts and disputes shall coordinate and improve the comprehensive mechanism for the multi-channel resolution of conflicts and disputes, analyze and judge the changing trend of social conflicts and disputes, and urge and promote the prevention and resolution of major conflicts and disputes.

Article 8 The judicial administrative department shall be responsible for promoting the improvement of all kinds of non-litigation dispute resolution methods and docking with litigation; guiding people’s mediation, administrative mediation and professional mediation, promoting the connectivity of all kinds of mediation; guiding arbitration work; improving the working mechanism of administrative adjudication and administrative reconsideration; promoting legal service institutions such as law firms and notaries, and legal workers and volunteers to participate in resolving conflicts and disputes.

The public security department shall be responsible for improving the working mechanism for public security cases and traffic accident dispute mediation, and supporting and participating in the resolution of conflicts and disputes of towns/townships, sub-districts and neighborhood/villagers’ committees.

The competent administrative departments of development & reform, education, civil affairs, human resources and social security, planning and natural resources, ecology and environment, housing and urban-rural development, agriculture and rural affairs, culture and tourism, health, market regulation, financial regulation, State-owned assets supervision, sports, intellectual property, and housing administration shall, in accordance with their respective functions and duties, jointly do a good job in promoting multi-channel resolution of conflicts and disputes.

Article 9 The people’s court shall provide guidance for mediation of conflicts and disputes, improve the mechanism of resolving conflicts and disputes that connects between litigation and non-litigation, strengthen the docking in procedural arrangement, effectiveness confirmation and enforcement of effective legal documents, so as to provide judicial protection for substantive resolution of conflicts and disputes.

The people’s procuratorate shall perform its duty of legal supervision in accordance with the law, improve the system of public-interest litigation and the docking of prosecution and mediation, and improve the working mechanism for participating in resolving conflicts and disputes.

Article 10 In accordance with the requirements for digital transformation of urban governance, this Municipality shall make full use of modern information technology in resolving conflicts and disputes, encourage online acceptance, court session and judicial confirmation of cases through the Internet, and promote the facilitation of resolving conflicts and disputes.

The municipal judicial administrative department shall be responsible for leading the construction of a unified information platform for multi-channel conflict/dispute resolution, promoting the integration of the non-litigation dispute resolution information platform and the litigation-mediation docking platform, and providing one-stop conflict/dispute resolution service for the parties concerned through online and offline joint action.

The municipal judicial administrative department, together with relevant departments, shall promote the construction of non-litigation dispute settlement centers at the municipal and district levels, integrate various non-litigation dispute resolution resources, and make effective docking with litigation.

Article 11 State organs, enterprises, public institutions and social organizations shall, in accordance with their respective functions and duties, carry out the publicity and education on the rule of law, popularize legal knowledge of multi-channel conflict/dispute resolutions, and enhance the public’s understanding and recognition of multi-channel conflict/dispute resolution.

The government shall advocate friendly consultation, and mutual understanding and accommodation, guide the parties concerned to reach settlement agreements and mediation agreements by means of reconciliation and mediation, and resolve conflicts and disputes through non-litigation channels. The relevant mediation organizations, grassroots mass autonomous organizations, the units of the parties concerned, or other third parties may participate in the consultation at the invitation of the parties concerned to facilitate the reconciliation.

The news media shall organize and carry out the publicity of legal knowledge and typical cases of multi-channel conflict/dispute resolution.

Article 12 The Trade Union, the Communist Youth League, the Women’s Federation, the Federation of Industry and Commerce, the Disabled Persons’ Federation and other mass organizations shall, in accordance with their respective functions and duties, participate in the construction of a mechanism for multi-channel conflict/dispute resolution, and jointly do a good job in resolving conflicts and disputes.

The industry associations of mediation, arbitration, lawyers, notarization, etc. shall strengthen industry self-discipline in accordance with their respective articles of association, establish and improve the industry credit system, and legally carry out the work of resolving conflicts and disputes, safeguarding peoples’ rights and interests, and the relevant industry imposing punishment in accordance with the law.

Enterprises, public institutions, social organizations and individuals shall be  encouraged to actively participate in the multi-channel conflict/dispute resolution and provide donations or voluntary services.

Chapter II  Mediation

Section 1  Mediation Organizations

Article 13 This Municipality shall strive to build an overall mediation work pattern that is based on people’s mediation, and featured by complementary advantages, smooth connectivity, coordination and joint action among people’s mediation, administrative mediation, professional mediation and judicial mediation.

The judicial administrative department shall take the lead in promoting the overall mediation work, with the participation of all relevant departments, organizations and individuals.

Article 14 People’s mediation organizations include people’s mediation committees and people’s mediation studios.

The people’s mediation committee shall be set up by a town/township people’s government, sub-district office or neighborhood/villagers’ committee. Enterprises, public institutions and social organizations shall set up people’s mediation committees when needs arise and assign people’s mediators according to the provisions.

Article 15 Professional people’s mediation organizations in the fields of medical disputes, family disputes, consumption disputes, property disputes, traffic accident disputes, intellectual property disputes and labor disputes shall be set up in all districts of this Municipality to mediate conflicts and disputes in those fields under the guidance of the district judicial administrative department and relevant competent administrative departments of the industries.

Article 16 The people’s mediation organization may, on the application of the parties concerned, mediate civil disputes involving family affairs, infringement, debt, neighbor relationship, property services, etc.

Where the people’s mediation organization is aware of the conflicts and disputes but the parties concerned have not applied for people’s mediation, it may take the initiative to contact the parties, and inform and guide them to resolve the conflicts and disputes through mediation.

Where the people’s mediation organization finds problems in community governance or hidden dangers in conflicts and disputes in the process of mediation, it shall promptly put forward its opinions and suggestions to the town/township people’s government, the sub-district office or the neighborhood/villagers’ committee.

Article 17 This Municipality shall encourage the development of mediation organizations registered as social service institutions, and explore the establishment of market-oriented mediation organizations, and the judicial administrative departments shall provide professional guidance and supervision.

Article 18 The competent departments of relevant industries shall guide and support qualified chambers of commerce, industry associations, social service institutions, arbitration institutions, etc. to set up mediation organizations to mediate conflicts and disputes in specific industries and professional fields.

The government shall encourage the establishment of specialized organizations to engage in commercial dispute mediation in the fields of investment, finance, real estate, technology transfer, intellectual property rights, international trade, etc., encourage international commercial dispute mediation, and cultivate commercial mediation service brands.

Large enterprises, e-commerce platforms, economic parks and business districts shall be encouraged to set up mediation organizations or conflict/dispute resolution mechanisms to resolve conflicts and disputes arising from the production and operation activities of enterprises in a timely manner.

Article 19 The mediation industry association shall play a guiding role in the industry, absorb all kinds of mediation organizations to participate in the industry governance, cultivate and support mediation organizations urgently needed by economic and social development, strengthen the professional capability of mediation organizations, formulate and improve mediation rules, improve the credibility of mediation, and enhance the standardization level of mediation.

Section 2  Mediators

Article 20 Social personages, professionals and retirees with legal work experience who are fair and upright, enthusiastic about mediation and acceptable to the public shall be encouraged and supported to act as mediators. Mediators shall have the knowledge structure and work experience suitable for mediation work.

Through policy guidance, this Municipality shall support those with mediation expertise to establish social organizations of professional mediation, and cultivate professional mediators.

Mediators shall be encouraged to participate in social-work professional training and examination, and mediators who have obtained the social-work professional certificate shall be included in the scope of professional and technical personnel management.

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

Article 21 This Municipality shall establish a hierarchical and classified management system for mediators, and the municipal mediation industry association shall, in accordance with the relevant provisions and articles of association, formulate the professional ethics standards and grading methods for mediators, and specify the assessment conditions, assessment procedures, assessment awards, etc.

The municipal judicial administrative department shall be responsible for formulating the training plan for mediators in the Municipality, compiling training materials, establishing a database of training teachers and excellent cases and an online training platform, and guiding mediation industry associations to organize regular training.

Article 22 The judicial administrative department shall establish and improve the administrative system of the roasters of mediation organizations and mediators, and strengthen the supervision of mediation organizations and mediators.

The rosters of mediation organizations and mediators shall be open to the public and subject to social supervision.

Article 23 If a mediator commits one of the following acts in the mediation work, the mediation organization where he belongs shall render him/her criticism and order him/her to make corrections; if the circumstances are serious, the mediator shall be removed or dismissed by the unit where he was elected or appointed; if serious consequences are caused, the corresponding legal responsibilities shall be pursued according to law:

1. favoring one party;

2. insulting or intimidating the parties concerned;

3. asking for or accepting property or seeking other illegitimate interests;

4. divulging the personal privacy or business secrets of the parties concerned; or

5. other acts in violation of laws, rules or professional ethics.

Section 3  Mediation Activities

Article 24 The people’s mediation organization shall, on the basis of equal consultation and mutual understanding between the parties, put forward a plan for resolving conflicts and disputes and help the parties reach a mediation agreement voluntarily.

Article 25 The administrative organ may, on the application of the parties concerned, mediate matters that meet the legal conditions.

Where a conflict or dispute involves a large number of people, has a great impact and may affect social stability, the administrative organ may take the initiative to mediate in accordance with law.

The departments of public security, civil affairs, planning and natural resources, ecology and environment, transportation, health, and market regulation with heavy administrative mediation tasks shall set up administrative mediation committees.

Article 26 The people’s court may, with the consent of the parties concerned, conduct judicial mediation in accordance with the law if it considers the case suitable for mediation after the registration of the case or in the course of the trial.

Article 27 The arbitration institution shall improve the mediation rules in the arbitration procedure, and may mediate before making an arbitration award. If the parties concerned are unwilling to mediate or the mediation fails, the arbitration institution shall make an award in time.

Article 28 The administrative reconsideration organ may, on the principle of voluntariness and legality, mediate the following conflicts and disputes:

1. refusal by a natural person, legal person or unincorporated organization to accept a specific administrative act made by an administrative organ exercising its discretion, and their application for administrative reconsideration; and

2. disputes concerning administrative compensation or recuperation.

If an agreement is reached through mediation, the administrative reconsideration organ shall make a mediation statement about its administrative reconsideration; if the mediation fails to reach an agreement or if one party reneges before the mediation statement takes effect, the administrative reconsideration organ shall make an administrative reconsideration decision in time.

Article 29 In the event of a labor dispute, the parties concerned may apply to the following mediation organizations for mediation:

1. an enterprise’s labor dispute mediation committee;

2. a grass-roots people’s mediation organization established according to law; and

3. an organization with the labor dispute mediation function set up by a town/township people’s government or sub-district office.

The trade union shall participate in the labor dispute mediation of the enterprise.

If the mediate fails or the parties concerned are unwilling to mediate or fail to perform after reaching a mediation agreement, they may apply to the labor dispute arbitration commission for arbitration according to law.

Article 30 In the event of a dispute over the contracted management of rural land, the parties concerned may settle the dispute on their own or request mediation from the villagers’ committee or the town/township people’s government.

If the parties concerned fail to reach a settlement or are unwilling to reach a settlement or the mediation fails, they may apply to the rural land contract arbitration commission for arbitration.

Article 31 In case of a dispute over the rights and interests of consumers, the consumers may request the consumer council or other mediation organizations established according to law to mediate. If the case is accepted according to law, mediation shall be carried out in a timely manner.

Article 32 No fees shall be charged for people’s mediation or administrative mediation. A mediation organization registered as a social service institution or company may charge a reasonable fee for mediating conflicts and disputes. The fee levels shall comply with the relevant provisions on price management and be made public.

Article 33 This Municipality shall establish a mediation expert consultation system, establish a mediation expert database, and provide the mediators with advice and suggestions on mediation.

The municipal judicial administrative department shall, in conjunction with relevant departments, establish and manage a database of consulting experts, establish a roster of consulting experts, and formulate working rules for expert consultation. Consulting experts shall, in accordance with the principle of independence, objectivity and impartiality, provide advisory opinions, and shall not be subject to interference from other organizations or individuals.

Article 34 Lawyers shall be encouraged to guide the parties concerned to resolve conflicts and disputes through mediation.

Lawyers and their legally established mediation organizations are encouraged to participate in mediation activities, provide mediation services, and assist the parties to the conflicts and disputes to reach agreements through voluntary consultation. A lawyer acting as a mediator shall not accept the entrustment of one party to act as an agent for the dispute or for other disputes closely related to the dispute.

Chapter III  Administrative Award, Administrative Reconsideration and Arbitration

Section 1  Administrative Award

Article 35 An administrative organ may, in accordance with the authorization of laws and rules and the application of the parties concerned, make an administrative award on the following civil disputes related to administrative activities:

1. disputes over the ownership of natural resources;

2. intellectual property infringement disputes and compensation disputes;

3. disputes over government procurement activities; and

4. other matters provided for by laws and rules.

Article 36 The administrative organ that undertakes the responsibility for administrative awards according to law shall specify the organization specifically responsible for handling administrative award cases, include the administrative award matters it undertakes into the list of administrative power matters, compile a standardized workflow and business guide, and publish them through the government service Integrated Online Platform.

Article 37 If a party concerned applies for an administrative award, the party shall, within the prescribed time limit, apply to the administrative organ with the function of administrative award for an administrative award.

In adjudicating civil disputes, an administrative organ shall first mediates. If the parties concerned reach an agreement through mediation, the administrative organ shall make a mediation agreement; if no agreement can be reached through mediation, the administrative organ shall make an award in time. If it is necessary to report to the people’s government at the corresponding level for a decision, the case shall be handled in accordance with the prescribed procedures.

Article 38 If a party concerned is not satisfied with the administrative award made by an administrative organ, the party may, within the statutory time limit, institute a civil action against the other party of the civil dispute as the defendant, or institute an administrative action against the act of the administrative award and apply to the court for settlement of the relevant civil dispute. Where there are other provisions in the law, such provisions shall prevail.

Section 2  Administrative Reconsideration

Article 39 If a natural person, a legal person or an unincorporated organization considers that a specific administrative act of an administrative organ infringes upon its lawful rights and interests, it may apply to the administrative reconsideration organ for administrative reconsideration.

The administrative reconsideration organ shall accept the application for administrative reconsideration that meets the legal conditions, examine the legality and rationality of the administrative act according to law, relieve the legitimate rights and interests of the parties concerned, and supervise the administration of the administrative organ according to law.

Article 40 Where the applicant and the respondent voluntarily reach a settlement before an administrative reconsideration decision is made, they shall submit a written settlement agreement to the administrative reconsideration organ; if the content of the settlement agreement does not harm the public interests and the legitimate rights and interests of others, the administrative reconsideration organ shall permit it and thus terminate the administrative reconsideration.

Article 41 This Municipality shall explore establishment of an administrative reconsideration committee led by an administrative reconsideration organ, with the participation of relevant departments, experts and scholars, to provide advisory opinions on major, complex, difficult and new-type administrative reconsideration cases, and to improve the quality and credibility of administrative reconsideration cases.

Article 42 The administrative reconsideration organ shall, according to its examination of the specific administrative act of the respondent, make a decision and a written letter of decision on administrative reconsideration. Once the written decision of the administrative reconsideration is served, it will come into legal force.

If the applicant refuses to accept the administrative reconsideration decision, he/she may bring a suit in the people’s court, except that the administrative reconsideration decision is the final ruling according to the law. If the applicant neither brings a suit nor complies with the administrative reconsideration decision within the time limit, the administrative organ that has made the specific administrative act or the administrative reconsideration organ shall enforce it according to law, or apply to the people’s court for enforcement according to law.

If the respondent fails to perform, or delays the performance of, the administrative reconsideration decision without proper reasons, the administrative reconsideration organ or the administrative organ at a higher level shall order him/her to perform the decision within a time limit.

Section 3  Arbitration

Article 43 In the case of a contract dispute or other disputes over property rights and interests between a natural person, a legal person and an unincorporated organization, the parties concerned may apply to an arbitration institution established according to law for arbitration.

The parties concerned shall be encouraged to voluntarily choose arbitration to settle contract disputes and other disputes over property rights and interests.

Article 44 The arbitration commission shall be established by the relevant departments and the chamber of commerce under the organizing by the Municipal People’s Government, and shall be registered by the municipal judicial administrative department.

After being registered by the municipal judicial administrative department and reported to the judicial administrative department of the State Council for the record, well-known overseas arbitration institutions and other dispute settlement institutions may set up business institutions in the China (Shanghai) Pilot Free Trade Zone Lingang Special Area to carry out arbitration business on civil and commercial disputes in the fields of international commerce, maritime affairs, investment, etc.

An unregistered arbitration institution shall not carry out arbitration activities.

Article 45 This Municipality shall promote the construction of a global-oriented Asia Pacific Arbitration Center, establish an international dispute resolution platform, build an international arbitration institution with global influence, credibility and competitiveness, and enhance the international competitiveness of its arbitration.

The municipal arbitration commission, the business agencies of overseas arbitration institutions, other dispute resolution institutions, and high-quality legal service institutions shall be encouraged and supported to settle in this Municipality’s international dispute resolution platform and thus provide one-stop, international and convenient dispute resolution services.

The arbitration commission and arbitrators of this Municipality shall be encouraged and guided to participate in international commercial arbitration activities and in the construction of an international-investment arbitration dispute settlement mechanism, so as to enhance their service capabilities and international competitiveness.

Article 46 The arbitration institution shall establish and improve the arbitration procedure, optimize the arbitration rules, improve the information management system of arbitration cases, and make good connection with the municipal arbitration information platform.

Chapter IV  Procedures Connection and Effectiveness Confirmation

Article 47 With the consent of the parties concerned, the administrative organ may first entrust or transfer to the relevant people’s mediation organization to carry out people’s mediation for administrative and civil disputes to which administrative mediation is applicable.

If the mediation agreement reached through the mediation of the people’s mediation organization is in conformity with the principle of voluntariness and legality upon examination by the relevant entrusting or transferring administrative organ, it shall be supported and accepted, and the parties concerned shall be urged to perform it in accordance with the law.

Article 48 This Municipality shall establish a docking and diversion mechanism between people’s mediation and the “110” non-criminal calls, and divert the conflicts and disputes suitable for people’s mediation from the “110” hotline to the people’s mediation organization. The specific procedures shall be separately formulated by the municipal judicial administrative department and the municipal public security department.

Article 49 This Municipality shall promote the grassroots people’s courts to explore the initial mediation procedures in accordance with the law for such cases suitable for mediation as family disputes, neighbor relationship disputes, small debt disputes, consumption disputes, traffic accident disputes and labor disputes.

Article 50 Before registering and filing a case, the people’s court shall guide the parties concerned to first choose a mediation organization’s mediation through the non-litigation dispute settlement center or the information platform for multi-channel conflict/dispute resolution, or appoint specially invited mediation organizations or mediators to mediate.

The people’s court may, with the consent of the parties concerned, entrust a specially invited mediation organization or mediator to mediate a case which is found upon examination meets the conditions for filing and is suitable for mediation.

Article 51 The judicial administrative department and the people’s court shall establish a multi-channel mediation mechanism for administrative disputes and a multi-channel mediation joint center, adhere to the principles of voluntariness, legality and combination of mediation and judgment, take mediation as an important way to resolve administrative disputes, and promote substantive resolution of administrative disputes.

The people’s court shall, according to the specific circumstances of the case and the wishes of the parties concerned, delegate the case to a multi-channel mediation joint center to mediate the administrative litigation cases that is found upon examination meet the conditions for filing and can be mediated according to law.

Article 52 In the process of handling a case, the people’s procuratorate may preside over the mediation of a case that meets the legal conditions, or suggest the parties concerned to resolve the conflict or dispute by means of reconciliation or application to a mediation organization for mediation.

Article 53 No settlement agreement or mediation agreement may harm the interests of the State and the public or the legitimate rights and interests of others. The parties concerned shall conscientiously fulfill such agreements. The mediation organization shall guide and urge the parties to fulfill such agreements.

If there is a settlement agreement or mediation agreement with payment and clear relationship between the creditor and the debtor, the parties may apply to the notary organization for notarization of the creditor’s right document with compulsory enforcement effect.

For a settlement agreement or mediation agreement with money or securities as the payment, the parties concerned may apply to the people’s court with the jurisdiction for the payment order according to law.

The people’s court shall protect the right of the parties concerned to apply for property preservation, evidence preservation, behavior preservation and other measures according to law.

Article 54 The parties concerned may, according to the nature and content of the mediation agreement, apply to the people’s court with the jurisdiction for judicial confirmation or for the issuance of a mediation statement according to law.

The people’s court shall include the civil mediation agreement reached by the specially invited mediation organization, mediator or the people’s mediation committee in the scope of its judicial confirmation.

The people’s court shall improve the relevant review procedures and assessment mechanism, strengthen the judicial confirmation of a mediation agreement, and improve the efficiency of judicial confirmation through online judicial confirmation.

Article 55 The people’s court shall, in the light of the actual trial, establish a roster system of specially invited mediation organizations and mediators, and gradually expand the list of the roster.

The people’s court shall strengthen its professional guidance and training for mediation organizations and mediators by means of appointing and entrusting mediation and strengthening judicial confirmation.

Chapter V  Guarantee and Supervision

Article 56 This Municipality shall establish a risk assessment mechanism for major administrative decisions. If the implementation of a major administrative decision may have adverse effects on social stability and public security, the decision-making unit or other units in charge of risk assessment shall organize risk assessment and put forward specific measures and handling plans to prevent the risk of conflicts and disputes.

Article 57 The municipal and district non-litigation dispute settlement centers and units with the necessary conditions shall be supported to establish psychological studios, and hire psychological counselors to participate in the work of resolving conflicts and disputes, so as to provide the parties concerned with professional psychological counseling, emotional counseling, family relationship adjustment and other psychological counseling services.

Article 58 State-owned enterprises shall be encouraged to resolve conflicts and disputes through reconciliation and mediation, so as to safeguard their legitimate rights and interests. The settlement agreement and mediation agreement reached by the State-owned enterprises shall conform to the prescribed procedures and be examined for legitimacy.

If the relevant personnel are diligent and responsible and do not seek personal benefits in the process of reconciliation or mediation, but the results fail to achieve the expected effect or cause certain losses, no negative evaluation of them shall be made.

Article 59 Relying on the municipal and district non-litigation dispute settlement centers and the information platforms for multi-channel conflict/dispute resolution , this Municipality shall provide the parties concerned with one-stop service for resolving conflicts and disputes.

The parties concerned may apply for resolving conflicts and disputes to the municipal or district non-litigation dispute settlement center or to the information platforms for multi-channel conflict/dispute resolution.

After receiving the application, the municipal and district non-litigation dispute settlement centers and the information platforms for multi-channel conflict/dispute resolution shall guide the parties to resolve conflicts and disputes first by appropriate non-litigation means; if the resolution fails, they shall assist the parties to apply to the people’s court for filing the case.

Article 60 The people’s court shall promote the screening and diversion of cases in the process of filing cases, promote the rapid handling of simple cases, and actively apply those rules to cases that can be tried by the summary procedure or the small claims procedure in accordance with the law.

When dealing with group conflicts and disputes, the people’s court can select representative cases to be tried and judged first, so that they can play a leading and exemplary role and promote the resolution of parallel cases and disputes.

Article 61 Mediation organizations, arbitration institutions and other conflict/dispute resolution agencies shall identify and prevent false mediation and reconciliation.

The people’s court shall strengthen the screening, prevention and sanction of false mediation and false litigation in the process of judicial confirmation review and trial.

Article 62 According to the application by a natural person, legal person or unincorporated organization, a notarization institution shall provide notarization for contract, inheritance, kinship, property division and evidence preservation according to law, clarify the rights and obligations in time, and prevent and reduce conflicts and disputes.

Notarization institutions can verify relevant facts and mediate conflicts and disputes according to the application of the parties concerned or the appointment or entrustment of the people’s court.

Article 63 The judicial offices of towns/townships and sub-districts shall strengthen their routine guidance for the team of community mediators and the mediation work at the grass-roots level, establish a mechanism for resolving administrative disputes, and give play to the role of a basic platform for resolving grass-roots conflicts and disputes.

Article 64 If a party concerned has not entrusted an agent due to financial difficulties but meets the scope and conditions of legal aid matters, he/she may apply to a legal aid institution for legal aid according to law.

If a party concerned is unable to obtain compensation through litigation and have difficulty in life due to the other party’s inability to execute the compensation, or other reasons, he/she may apply to the relevant case-handling organ for judicial assistance according to law.

Article 65 The people’s procuratorate shall perform the function of public-interest litigation according to law, carry out civil public-interest litigation and administrative public-interest litigation by means of announcement supervision, pre- litigation procuratorial suggestions, support for prosecution and initiation of  litigation; and it shall focus on cases in the fields of protection of the ecological environment and resources, food and drug safety, State-owned property protection, transfer of State-owned land use rights, and protection of the rights and interests of heroes and martyrs.

The Municipal Consumer Council shall perform the function of consumer public-interest litigation in accordance with the law, and may file public-interest litigation to the people’s court against acts that infringe on consumers’ legitimate rights and interests so as to safeguard their legitimate rights and interests.

Article 66 The people’s governments at all levels shall, by arranging special funds or government purchasing services, support and guarantee the funds required for the multi-channel conflict/dispute resolution in accordance with the provisions of the State and this Municipality.

The people’s mediators, mediation secretaries, specially invited mediators of the people’s court and other personnel selected by the people’s mediation organizations may enjoy corresponding subsidies for handling cases in accordance with the provisions of the State and this Municipality.

Article 67 This Municipality shall incorporate the multi-channel conflict/dispute resolution into the assessment of its safety work.

People’s governments at all levels and their relevant departments shall formulate and implement the responsibility system and the reward and punishment mechanism for the multi-channel conflict/dispute resolution, which shall all be included in the assessment of their annual work.

Article 68 The standing committees of the municipal and district people’s congresses shall supervise the performance of the same-level people’s governments, people’s courts and people’s procuratorates in their multi-channel conflict/dispute resolution work by listening to and deliberating the special work reports and carrying out law enforcement inspection and inquiry, and these standing committees may organize their people’s deputies to carry out inspection and research activities to gather and reflect the opinions and suggestions of the public.

Article 69 The people’s court and the people’s procuratorate may supervise the resolution of relevant conflicts and disputes by putting forward judicial and procuratorial suggestions.

Article 70 Administrative organs, people’s courts, and people’s procuratorates at all levels and all kinds of social organizations responsible for conflict/dispute resolution shall conscientiously subject themselves to public supervision.

Units and individuals have the right to make complaints and reports about violations of these Regulations. The department or industry association that receives the complaints or reports shall verify and handle them in time according to law.

Article 71 If the people’s governments and their relevant departments, the people’s courts, the people’s procuratorate at all levels and the relevant people’s organizations or grass-roots mass autonomous organizations commit any of the following acts, the relevant competent department shall order them to make corrections; if they refuse to make corrections or have caused serious consequences, the persons in charge who are directly responsible and other persons directly responsible shall be investigated for their corresponding responsibilities according to law:

1. failing to establish or implement a mechanism of resolving conflicts and disputes in accordance with the provisions; or

2. bearing the responsibility of resolving conflicts and disputes, but refusing to accept the application for resolving conflicts and disputes without proper reasons.

Chapter VI  Supplementary Provision

Article 72 These Regulations shall be effective as of May 1, 2021.