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Guiding Opinions of the Supreme People's Court on Accelerating Steps to Motivate the Mediation Platforms of the People's Courts to Enter Villages, Residential Communities and Community Grids [Effective]
最高人民法院关于加快推进人民法院调解平台进乡村、进社区、进网格工作的指导意见 [现行有效]
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Guiding Opinions of the Supreme People's Court on Accelerating Steps to Motivate the Mediation Platforms of the People's Courts to Enter Villages, Residential Communities and Community Grids 

最高人民法院关于加快推进人民法院调解平台进乡村、进社区、进网格工作的指导意见

(No. 247 [2021] of the Supreme People's Court; October 2021) (法〔2021〕247号 2021年10月)

For the purposes of further implementing the major plans of the CPC Central Committee on strengthening the modernization of governance system and governance capacity of the primary people's courts, fulfilling the requirements of giving priority to the non-litigation dispute resolution mechanism, continuing to strengthen the capacity of the primary primary's courts, striving to extend the one-stop diversified dispute resolution approach to the primary people's courts, and working effectively to resolve conflicts and disputes as early as possible at the primary level, the Opinions on encouraging the mediation platforms of the people's courts to make their presence in villages, residential communities and community grids are hereby offered as follows. 为深入贯彻党中央关于加强基层治理体系和治理能力现代化建设重大部署,落实把非诉讼纠纷解决机制挺在前面要求,坚持强基导向,推动人民法院一站式多元解纷工作向基层延伸,切实把矛盾纠纷解决在萌芽状态、化解在基层。现就依托人民法院调解平台,开展进乡村、进社区、进网格工作提出以下意见。
I. General requirements 一、总体要求
1. Working objectives. The primary people's courts and people's tribunals shall follow the leadership of the Party committees and the guidance of local governments, work actively to integrate themselves into the big picture of social governance at the primary level created by local Party committees and committees of political and legal affairs, fully leverage their functional role, and coordinate online dispute resolution approaches at the primary level through the mediation platforms of the people's courts (hereinafter referred as the “mediation platforms”). By insisting on the approach of “bringing in” and “going out”, they shall explore ways for preventing and resolving disputes level by level, step by step, and at the source, establish a network of full coverage of dispute prevention and resolution at the primary level, and work to ensure that conflicts and disputes are discovered, meditated and handled, and resolved at the place where they occur, so as to effectively maintain social stability and security. 1.工作目标。基层人民法院及人民法庭要坚持党委领导、政府主导,主动融入地方党委政法委建立的基层社会治理大格局,充分发挥职能作用,依托人民法院调解平台(以下简称调解平台),在线对接基层解纷力量,通过“请进来”“走出去”,构建分层递进源头预防化解矛盾纠纷路径,形成“纵向到底、横向到边”基层预防化解纠纷网络,推动矛盾纠纷就地发现、就地调处、就地化解,切实维护社会稳定和安全。
2. Working channels. With the mediation platforms as a channel, the people's courts shall, by inviting personnel onto the mediation platforms, bring all primary-level social governance resources onto the mediation platforms, ensure the full coverage of dispute resolution approaches at the primary level, and realize the online handling of disputes throughout the entire process including early warning, case separation, resolution, mediation, judicial confirmation, process tracking, feedback on results, guidance, and supervision. 2.工作载体。以调解平台作为工作载体,通过邀请人员入驻等方式,将基层社会治理资源全部集约到调解平台,做到基层解纷力量全覆盖,实现预警、分流、化解、调解、司法确认、进展跟踪、结果反馈、指导督办等全流程在线办理。
Primary-level social governance entities as mentioned in the Opinions include but are not limited to comprehensive governance centers, dispute mediation centers, judicial offices, police stations, trade unions, women's federations, labor bureaus, civil affairs departments, market regulation departments, land management bureaus, township/town people's governments (sub-district offices) and village committees (communities), among others within the jurisdiction of the primary people's courts and people's tribunals. 本意见中的基层治理单位包括但不限于基层人民法院及人民法庭辖区内的综治中心、矛调中心、司法所、派出所、工会、妇联、劳动、民政、市场监管、土地管理、乡镇(街道)、村(社区)等单位。
3. Responsible entities. The people's tribunals shall be responsible for the work of encouraging the mediation platforms within their respective jurisdictions to enter villages, residential communities and community grids (hereinafter referred to as the “three-entry program”); and in villages (communities) and townships/towns (sub-districts) where there is no people's tribunal, the primary people's courts shall be responsible for the three-entry program. 3.开展主体。人民法庭负责做好本辖区调解平台进乡村、进社区、进网格工作(以下简称“三进”工作),未设人民法庭的村(社区)、乡镇(街道),由基层人民法院负责开展“三进”工作。
All intermediate and high people's courts shall strengthen efforts to coordinate and guide the three-entry program in their respective regions to ensure the full coverage of the three-entry program within their respective jurisdictions. 各中级、高级人民法院应当加强对本地区“三进”工作的统筹指导,确保“三进”工作在辖区内实现全覆盖。
II. Establishing and improving relevant rules and systems 二、制度建设
4. Improving the rules for registration at the mediation platforms. A working module of dispute source governance shall be added to the mediation platforms. After entering the working module, the primary people's courts or people's tribunals shall be responsible for organizing primary-level social governance entities and professional or industrial mediation organizations to enter the information of mediators, community grid members, officials working in township/town people's governments (sub-district offices) and village committees (communities) as well as other dispute resolution personnel at the primary level into the mediation platforms. The entered information mainly includes name, gender, contact details, field of expertise, and the related primary people's court or people's tribunal. 4.完善入驻平台制度。调解平台增设诉源治理工作模块。基层人民法院或者人民法庭入驻诉源治理工作模块后,负责组织基层治理单位以及专业性行业性调解组织将其管理的调解员、网格员、乡镇(街道)干部、村(社区)干部以及其他基层解纷人员信息录入调解平台。录入的信息主要包括姓名、性别、联系方式、擅长领域、对接的基层人民法院或者人民法庭等。
5. Establishing a case separation system. The primary people's courts or people's tribunals shall, according to the actual conditions such as the number of disputes and staffing, assign personnel working at the case-filing counter or other personnel as full-time (part-time) case separation officers to carry out the work online including the separation of contentious and non-contentious disputes, case assignment, litigation-mediation coordination, and supervision on case handling. 5.建立案件分流制度。基层人民法院或者人民法庭根据纠纷数量、人员编制等实际情况,灵活将立案窗口人员或者其他人员作为专(兼)职案件分流员,开展在线诉非分流、案件指派、诉调对接、督促督办等工作。
6. Establishing a judicial liaison system. Relevant personnel of primary-level social governance entities or professional or industrial mediation organizations who are responsible for coordinating dispute separation with the people's courts shall be invited to serve as judicial liaisons who are responsible for examining reported information, and carrying out by themselves or designating relevant personnel to do such tasks as pre-litigation mediation, settlement of conflicts, assistance in service of documents, and protection of information of primary-level dispute resolution personnel. 6.建立司法联络员制度。邀请基层治理单位、专业性行业性调解组织中与人民法院开展分流对接的人员作为司法联络员,负责排查上报信息、自行或者指定相关人员开展诉前调解、矛盾化解、协助送达、维护基层解纷人员信息等工作。
7. Establishing a system for allocating cases by categories and levels. If a dispute brought before a people's court is suitable to be handled by a village committee (community), the dispute shall be first directed to the village committee (community) within the jurisdiction of the people's court for resolution and mediation on a level-by-level basis; if it is suitable to be handled at a primary-level social governance entity such as a township/town (sub-district) comprehensive governance center, a dispute mediation center or a judicial office, the dispute shall be resolved or mediated by the primary-level social governance entity that coordinates with the people's court; and if it is suitable to be handled by a professional or industrial mediation organization, the dispute shall be resolved or mediated by the professional or industrial mediation organization that coordinates work with the people's court. 7.建立分类分级委派案件制度。对于起诉到人民法院的纠纷,适宜村(社区)处理的,先行引导由辖区内的村(社区)逐级进行化解、调解;适宜在乡镇(街道)综治中心、矛调中心、司法所等基层治理单位处理的,由与人民法院对接的基层治理单位进行化解、调解;适宜专业性行业性调解组织处理的,由与人民法院对接的专业性行业性调解组织进行化解、调解。
8. Improving the rules for substantive coordination between contentious and non-contentious disputes. If an entity that coordinates with a people's court such as a village committee (community) or a township/town people's government (sub-district office) or primary-level dispute resolution personnel need a judge to participate or provide guidance in the resolution or mediation process, such entity or personnel may file an application with the people's court, and the primary people's court or people's tribunal shall provide legal guidance in the forms of typical cases, interpretation of legal provisions, legal consulting, joint mediation by “combining onsite mediation by mediators and remote participation of judges in mediation via live video”, and onsite participation in resolution and mediation of disputes. 8.完善诉非实质化对接制度。村(社区)、乡镇(街道)等对接单位或者基层解纷人员在化解、调解过程中需要法官参与指导的,可以向人民法院在线提出申请,基层人民法院或者人民法庭通过推送典型案例、进行法条解释、提供法律咨询、“调解员现场调解+法官远程视频参与调解”联合调解、实地参与化解、调解等方式提供法律指导。
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