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Notice of the Supreme People's Court on Issuing the Several Opinions of the Supreme People's Court on Further Displaying the
Positive Roles of Litigation Mediation in the Building of a Socialist
Harmonious Society
(No. 9 [2007] of the Supreme People's Court)
The higher people's procuratorates and military procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government; the military procuratorates; and the People's Procuratorate of Xinjiang Production and Construction Corps:
The Several Opinions of the Supreme People's Court on Further Displaying the
Positive Roles of Litigation Mediation in the Building of a Socialist
Harmonious Society is hereby issued to you for your implementation.
March 6th, 2007
Several Opinions of the Supreme People's Court on Further Displaying the
Positive Roles of Litigation Mediation in the Building of a Socialist
Harmonious Society
The 6th Plenary Session of the 16th CPC Central Committee has made the significant strategic decision of building a socialist harmonious society so as to build a well-off society and accelerate the promotion of the socialist modernization cause. The people's courts are not only a building force of the harmonious society but also a protection force of the harmonious society, and shoulder significant historical missions during the course of building a socialist harmonious society. For the purpose of better meeting the requirements of the new situations and new missions and bringing such functions of the people's courts as softening contradictions, solving disputes, guaranteeing economic development and promoting social harmony, we hereby put forward the following opinions on further strengthening the litigation mediation work of the people's courts:
| | 最高人民法院印发《最高人民法院关于进一步发挥诉讼调解在构建社会主义和谐社会中积极作用的若干意见》的通知
（法发[2007]9号）
各省、自治区、直辖市高级人民法院，解放军军事法院，新疆维吾尔自治区高级人民法院生产建设兵团分院：
现将《最高人民法院关于进一步发挥诉讼调解在构建社会主义和谐社会中积极作用的若干意见》印发给你们，请各地法院结合工作实际，遵照执行。
二○○七年三月一日
最高人民法院关于进一步发挥诉讼调解在构建社会主义和谐社会中积极作用的若干意见
党的十六届六中全会从全面建设小康社会、加快推进社会主义现代化事业全局出发，作出了构建社会主义和谐社会的重大战略决策。人民法院既是和谐社会的建设力量，更是和谐社会的保障力量，在构建和谐社会进程中肩负着重大的历史责任。为更好地适应新形势和新任务的要求，充分发挥人民法院化解矛盾、定纷止争，保障经济发展，促进社会和谐的职能作用，现就进一步加强人民法院诉讼调解工作，提出如下意见。
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1. Unifying thoughts, strengthening the awareness of and having an in-depth understanding of the great significance of litigation mediation in building a harmonious society
| | 一、统一思想，增强意识，深刻认识诉讼调解在构建和谐社会中的重大意义
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(1) At present, China is in an important period of strategic opportunities and a golden period of development, it is facing with not only unprecedented opportunities but also unprecedented challenges. Although China's economy is developing in a stable and fast way, people's livelihood has been improved to a large extent and the society is harmonious and stable as a whole, there is still a great quantity of elements affecting social harmony and stability. Both the Party and the state shall focus their attention on correctly handling the various kinds of social contradictions and disputes, properly balancing the interests among all the parties concerned, effectively solving contradictions and disputes and making great efforts in maintaining social harmony and stability. As trial organs of the state, the people's courts shall keep unswervingly to this focus and central task, attach great importance to it, increase harmonious elements and decrease disharmonious elements to the hilt by giving full play to litigation mediation, which is an important way to correctly handle social contradictions and an effective means to build a socialist harmonious society, and undertake the important historic mission and political responsibility of promoting and developing a harmonious society.
| | 1.当前，我国正处于重要战略机遇期和“黄金发展期”，面临着前所未有的机遇，也面临前所未有的挑战。尽管我国经济发展平稳快速，人民生活水平显著改善，社会总体上和谐稳定，但影响和谐稳定的因素仍然大量存在。正确应对各种社会矛盾和纠纷，妥善协调各方利益关系，有效平息矛盾纷争，大力促进社会和谐稳定，是党和国家工作的大局。人民法院作为国家审判机关，必须坚定不移地服从和服务于这一国家大局和中心任务，高度重视、充分运用诉讼调解这一正确处理社会矛盾的重要方法与构建和谐社会的有效手段，最大限度地增加和谐因素，最大限度地减少不和谐因素，承担起促进和发展和谐社会的重大历史使命和政治责任。
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(2) Litigation mediation is an important part of China's litigation system, an important way for the people's courts to exercise their trial power and an importance composition of harmonious jurisdiction. It is a way for settling disputes, which is rooted in China's historic and cultural tradition and has been proved as effective over a long period of judicial practice. It not only conforms to the current value and litigation awareness of the general public, but also embodies the Chinese nation's longing for harmonious natural order and social order. In recent years, the people's courts have improved their trial work to a large extent, accumulated precious experiences during the process, and established the principle of “conciliating when possible, judging when necessary, combining conciliation with judgment and solving the dispute once the case is concluded” as the guideline for civil trial work. The people's courts at various levels shall take “solving the dispute once the case is concluded” as the goal of trial work, correctly understand the status and roles of litigation mediation in their trial work and make great efforts to put litigation mediation work forward.
| | 2.诉讼调解是我国诉讼制度的重要组成部分，是人民法院行使审判权的重要方式，是和谐司法的重要内容。它是根植于我国历史文化传统并经过长期司法实践证明有效的纠纷解决方式，不仅符合当前社会大众的价值观念和诉讼意识，也体现了中华民族追求自然秩序、社会秩序和谐的理想。近年来，人民法院的审判工作取得了重大发展，积累了宝贵经验，确立了“能调则调，当判则判，调判结合，案结事了”的民事审判工作指导方针。各级人民法院要以“案结事了”作为审判工作追求的目标，正确认识诉讼调解在人民法院审判工作中的地位和作用，大力推进诉讼调解工作。
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(3) Giving full play to the people's courts' initiative and enthusiasm in conducting the work of litigation mediation, giving full play to the ability and wisdom of the judges and conducting the work of litigation mediation in a creative way. The people's courts at various levels shall, pursuant to the relevant laws and judicial interpretations, in accordance with the requirement of “fair jurisdiction and serving the people heart and soul” and on the basis of the actual local situation, actively explore the innovation of the litigation mediation system, perfect the system, create new methods of mediation, improve mediation skills and comprehensively promote the development of the work of litigation mediation.
| | 3.充分发挥各级人民法院诉讼调解工作的主动性和积极性，充分发挥广大法官的聪明才智，创造性地开展诉讼调解工作。各级人民法院应当根据法律以及司法解释的规定，按照“公正司法，一心为民”的要求，密切结合本地实际情况，积极探索诉讼调解机制创新，完善诉讼调解制度，创新调解方法，提高调解艺术，全面推动诉讼调解工作发展。
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2. Strengthening mediation, respecting rules and making great efforts to realize the goal of “solving the dispute once the case is concluded”
| | 二、强化调解，尊重规律，努力实现“案结事了”的目标
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(4) In conducting civil trial work, the courts shall take “settling contradictions and disputes, clarifying the right and wrong and solving the dispute once the case is concluded” as the goal and ensure the organic unification of legal effects and social effects. The people's courts at various levels shall correctly handle the relationship between mediation and judgment, further strengthen the effectiveness of the work of litigation mediation, increase the quantity of the cases settled by means of mediation, do their best to improve the proportion of such cases, and avoid the tendency of merely seeking mediation ratio. Where a case is not suitable to be mediated or it is impossible to reach a mediation agreement on a case after making great efforts, the people's court shall make a ruling thereon in a timely manner.
| | 4.民事审判工作应当以“定纷止争、胜败皆明、案结事了”为目标，确保实现法律效果和社会效果的有机统一。各级人民法院要正确处理调解和裁判的关系，既要进一步加强诉讼调解工作力度，增加调解结案的数量，尽力提高调解结案的比例，也要避免片面追求调解率的倾向。对有调解可能的案件，应当尽量创造条件进行调解。对不适宜进行调解、通过努力不可能达成调解协议的案件，应当及时作出裁判。
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(5) The people's courts shall mediate the civil cases suitable to be solved by means of mediation and focus on doing the mediation work of the following cases well: cases involving mass interests and requiring the cooperation of the government and the relevant departments; cases of joint action or group action which involves a large number of people; cases in which the circumstance is complex, the opponent sentiment between the parties concerned is serious and neither party has preponderance of evidence; cases with certain difficulty in the application of law as the provisions governing it are not stipulated or clearly stipulated in the relevant laws and regulations; cases which are very sensitive and attracts much attention from the society; cases of appeal or review; and cases of retrial.
| | 5.人民法院对适合调解结案的民事案件，应当调解，并重点做好以下案件的调解工作：涉及群体利益，需要政府和相关部门配合的案件；人数众多的共同诉讼、集团诉讼案件；案情复杂，当事人之间情绪严重对立，且双方都难以形成证据优势的案件；相关法律法规没有规定或者规定不明确，在适用法律方面有一定困难的案件；敏感性强、社会关注程度大的案件；申诉复查案件和再审案件。
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(6) As for the cases of civil suit collateral to criminal proceedings, the people's courts shall make more efforts in the mediation work in accordance with the relevant provisions on civil mediation. As for the cases of administrative action, private prosecutions and other minor criminal cases, the people's courts may try to persuade the parties concerned to solve them by means of conciliation in light of the actual situation of each case and by referring to the principles and procedures for civil mediation. The people's courts shall, through the conciliation practices of the cases of administrative action, private prosecutions and other minor criminal cases, constantly explore various methods for settling cases that are beneficial for the building of a harmonious society, constantly find new methods of mediation, summarize experiences in a timely manner and constantly perfect the working mechanism for the conciliation of the cases of administrative action, private prosecutions and other minor criminal cases.
．．．．．． | | 6.对刑事附带民事诉讼案件，人民法院应当按照民事调解的有关规定加大调解力度。对行政诉讼案件、刑事自诉案件及其他轻微刑事案件，人民法院可以根据案件实际情况，参照民事调解的原则和程序，尝试推动当事人和解。人民法院要通过行政诉讼案件、刑事自诉案件及其他轻微刑事案件的和解实践，不断探索有助于和谐社会建设的多种结案方式，不断创新诉讼和解的方法，及时总结经验，不断完善行政诉讼案件和刑事自诉案件及其他轻微刑事案件和解工作机制。
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