|
|
|
Opinions of the Commission for Political and Legal Affairs of the CPC Central Committee, the Supreme People's Court, the Ministry of Justice, and Other Departments on Strengthening the Building of the People's Mediator Team
[Effective]
|
|
中央政法委、最高人民法院、司法部等关于加强人民调解员队伍建设的意见
[现行有效]
|
|
|
|
|
|
|
|
|
|
|
|
| Opinions of the Commission for Political and Legal Affairs of the CPC Central Committee, the Supreme People's Court, the Ministry of Justice, the Ministry of Civil Affairs, the Ministry of Finance, and the Ministry of Human Resources and Social Security on Strengthening the Building of the People's Mediator Team | | 中央政法委、最高人民法院、司法部、民政部、财政部、人力资源和社会保障部关于加强人民调解员队伍建设的意见 |
| (April 2018) | | （2018年4月） |
| For the purposes of conscientiously implementing the spirit of the 19th CPC National Congress, thoroughly carrying out the decisions and arrangements as to the building of the people's mediator team at the Fourth Plenary Session of the 18th CPC Central Committee, and enforcing the People's Mediation Law in an all-round manner, the following opinions on strengthening the building of the people's mediator team are hereby offered. | | 为认真落实党的十九大精神，深入贯彻党的十八届四中全会关于发展人民调解员队伍的决策部署，全面贯彻实施人民调解法，现就加强人民调解员队伍建设提出如下意见。 |
| I. Fully understanding the significance of strengthening the building of the people's mediator team | | 一、 |
| People's mediation is a legal system with Chinese characteristics that has been developed on the basis of building on and carrying forward the excellent tradition of private mediation in China and an integral part of the public legal service system and plays a fundamental role in the diversified conflict and dispute resolution mechanisms. People's mediators are the specific persons undertaking the work on people's mediation and shouldering the duty and mission of resolving conflicts, giving publicity to the rule of law, maintaining stability, and promoting harmony. Strengthening the building of the people's mediator team is of great significance for improving the quality of people's mediation, giving full play to the role of people's mediation as the "first line of defense" in maintaining social harmony and stability, advancing the building of a safe China and the rule of law for China, and achieving the modernization of the national governance system and governance capacity. The CPC Central Committee and the State Council have always attached great importance to the people's mediation. Since the 18th CPC National Congress, General Secretary Xi Jinping has made important directives and instructions on the people's mediation on many occasions, pointing out the direction for effectively conducting people's mediation and strengthening the building of the people's mediator team. People's mediators keep in mind their mission, put down roots at the basic level, make selfless contributions, actively screen and mediate in conflicts and disputes, practically resolve conflicts and disputes at the basic level, and eliminate them at their early stage, and have made positive contributions to maintaining social harmony and stability and serving, guaranteeing, and improving people's livelihood. At present, socialism with Chinese characteristics has entered a new era. The principal social contradiction has evolved to a contradiction between unbalanced and inadequate development and the people's ever-growing needs for a better life. The people not only have higher requirements for material and cultural life, but also have increasingly booming demand in such aspects as democracy, the rule of law, equity, justice, security, and environment. As emphasized at the 19th CPC National Congress, the establishment of the mechanisms for the prevention and resolution of social conflicts shall be strengthened, and the conflicts among the people shall be correctly handled. These have put forward new and more demanding requirements for the people's mediation, professional industry mediation, and the building of the people's mediator team. All regions and all relevant departments shall fully understand the importance and urgency of strengthening the building of the people's mediator team, earnestly enhance their sense of responsibility and mission, take effective measures, vigorously forward the building of the people's mediator team, continuously improve the level of people's mediation, and make every effort to maintain social stability and harmony. | | 人民调解是在继承和发扬我国民间调解优良传统基础上发展起来的一项具有中国特色的法律制度，是公共法律服务体系的重要组成部分，在矛盾纠纷多元化解机制中发挥着基础性作用。人民调解员是人民调解工作的具体承担者，肩负着化解矛盾、宣传法治、维护稳定、促进和谐的职责使命。加强人民调解员队伍建设，对于提高人民调解工作质量，充分发挥人民调解维护社会和谐稳定“第一道防线”作用，推进平安中国、法治中国建设，实现国家治理体系与治理能力现代化具有重要意义。党中央、国务院历来高度重视人民调解工作。党的十八大以来，习近平总书记多次对人民调解工作作出重要指示批示，为做好人民调解工作和加强人民调解员队伍建设指明了方向。广大人民调解员牢记使命、扎根基层、无私奉献，积极开展矛盾纠纷排查调解工作，切实把矛盾纠纷化解在基层，消除在萌芽状态，为维护社会和谐稳定、服务保障和改善民生作出了积极贡献。当前，中国特色社会主义进入新时代。社会主要矛盾已经转化为人民日益增长的美好生活需要和不平衡不充分的发展之间的矛盾。人民不仅对物质文化生活提出了更高要求，而且在民主、法治、公平、正义、安全、环境等方面的要求日益增长。党的十九大强调，要加强预防和化解社会矛盾机制建设，正确处理人民内部矛盾。这些都对人民调解、行业专业调解和调解员队伍建设提出了新的更高要求。各地各有关部门一定要充分认识加强人民调解员队伍建设的重要性、紧迫性，切实增强责任感和使命感，采取有效措施，大力推进人民调解员队伍建设，不断提高人民调解工作水平，全力维护社会和谐稳定。 |
| II. Guiding ideology and basic principles for strengthening the building of the people's mediator team | | 二、加强人民调解员队伍建设的指导思想和基本原则 |
| 1. Guiding ideology | | （一）指导思想 |
| The spirit of the 19th CPC National Congress shall be profoundly implemented, Xi Jinping Thought on Socialism with Chinese Characteristics in a New Era shall be adhered to as the guidance, and the overall layout for "economic, political, cultural, social, and ecological progress" and the Four-Pronged Comprehensive Strategy shall be followed, so as to comprehensively enforce the People's Mediation Law, optimize the team structure, focus on improving qualities, refine the management regimes, enhance work guarantees, endeavor to build a people's mediator team qualifying politically, familiar with business, enthusiastic about public welfare, of impartiality and integrity, and upholding neutrality, and make positive contributions to the building of a peace China and the rule of law for China. | | 深入贯彻落实党的十九大精神，坚持以习近平新时代中国特色社会主义思想为指导，按照“五位一体”总体布局和“四个全面”战略布局，全面贯彻实施人民调解法，优化队伍结构，着力提高素质，完善管理制度，强化工作保障，努力建设一支政治合格、熟悉业务、热心公益、公道正派、秉持中立的人民调解员队伍，为平安中国、法治中国建设作出积极贡献。 |
| 2. Basic principles | | （二）基本原则 |
| —Adhering to party leadership: The decisions and arrangements of the CPC Central Committee in relation to the people's mediation shall be conscientiously implemented to ensure the correct direction of the building of the people's mediator team. | | --坚持党的领导。认真贯彻落实中央关于人民调解工作的决策部署，确保人民调解员队伍建设的正确方向。 |
| —Adhering to lawful promotion: The People's Mediation Law, the Civil Procedure Law, and other legal provisions shall be enforced so as to constantly make the building of the people's mediator team more well-regulated and law-based. | | --坚持依法推动。贯彻落实人民调解法、民事诉讼法等法律规定，不断提高人民调解员队伍建设的规范化、法治化水平。 |
| —Adhering to employing the best: Under the statutory conditions and the principles of openness, equity, and impartiality, more qualified individuals and professionals shall be recruited to engage in people's mediation. | | --坚持择优选聘。按照法定条件和公开公平公正的原则，吸收更多符合条件的社会人士和专业人员参与人民调解工作。 |
| —Adhering to the combination of full-time people's mediators and part-time ones: While the team of part-time people's mediators is dynamically developed, the building of the team of full-time people's mediators shall be strengthened energetically to continue optimizing the structure of the people's mediator team. | | --坚持专兼结合。在积极发展兼职人民调解员队伍的同时，大力加强专职人民调解员队伍建设，不断优化人民调解员队伍结构。 |
| —Adhering to classification guidance: According to the actual circumstances in all regions and the different characteristics of the teams of full-time and part-time people's mediators, the management regime shall be improved, and the management mode shall be innovated, so as to continuously heighten the quality of the people's mediation. | | --坚持分类指导。根据各地实际情况和专兼职人民调解员队伍的不同特点，完善管理制度，创新管理方式，不断提高人民调解工作质量。 |
| III. Main tasks for strengthening the building of the people's mediator team | | 三、加强人民调解员队伍建设的主要任务 |
| 1. Effectively selecting and appointing people's mediators | | （一）认真做好人民调解员选任工作 |
| (1) Setting strict conditions for the selection and appointment of people's mediators: The members of people's mediation commissions and persons employed by people's mediation commissions may serve as people's mediators either on a part-time or full-time basis. People's mediators shall be adult citizens who are impartial and honest, upright and self-disciplined, and enthusiastic about people's mediation work and possess certain knowledge of culture, policies, and law. The mediators of township (sub-district) people's mediation commissions shall generally possess high school educational qualifications or above, and mediators of industry and professional people's mediation commissions shall generally have a junior college educational qualification or above, the knowledge of the relevant industries, expertise, or work experience. | | 1．严格人民调解员选任条件。人民调解员由人民调解委员会委员和人民调解委员会聘任的人员担任，既可以兼职，也可以专职。人民调解员应由公道正派、廉洁自律、热心人民调解工作，并具有一定文化水平、政策水平和法律知识的成年公民担任。乡镇（街道）人民调解委员会的调解员一般应具有高中以上学历，行业性、专业性人民调解委员会的调解员一般应具有大专以上学历，并具有相关行业、专业知识或工作经验。 |
(2) Electing members of people's mediation commissions according to the law: The members of a people's mediation commission shall be selected by election. The members of the people's mediation commission of a villagers' committee or neighborhood committee shall be elected at the villagers' meeting or the villagers' representative meeting, or the residents' meeting or residents' representative meeting. The members of the people's mediation commission formed by an enterprise or a public institution shall be elected by the employees' assembly, the employees' representative meeting or the labor union. The members of a township (sub-district) people's mediation commission shall be elected by the villagers' (neighborhood) committees, relevant entities, social organizations, and other organizations in the administrative region. The members of an industry or professional people's mediation commission shall be elected by the relevant entities, social organizations, or other organizations. At the expiration of his/her term of office, a member of a people's mediation commission shall stand for re-election in a timely manner and may be re-selected by re-election. At the expiry of his/her term, the director of a people's mediation commission shall report his work to the electoral entities and listen to their opinions. The newly elected members of a people's mediation commission shall be promptly announced.
．．．．．． | | 2．依法推选人民调解委员会委员。人民调解委员会委员通过推选产生。村民委员会、社区居民委员会的人民调解委员会委员由村民会议或者村民代表会议、居民会议或者居民代表会议推选产生。企业事业单位设立的人民调解委员会委员由职工大会、职工代表大会或者工会组织推选产生。乡镇（街道）人民调解委员会委员由行政区域内村（居）民委员会、有关单位、社会团体、其他组织推选产生。行业性、专业性人民调解委员会委员由有关单位、社会团体或者其他组织推选产生。人民调解委员会委员任期届满，应及时改选，可连选连任。任期届满的原人民调解委员会主任应向推选单位报告工作，听取意见。新当选的人民调解委员会委员应及时向社会公布。
．．．．．． |
|
Dear visitor, as a premium member of this database, you will get complete access to all content.Please go premium and get more.
1. To become a premium member, please call 400-810-8266 Ext. 171.
2. Binding to the account with access to this database.
3. Apply for a trial account.
4. To get instant access to a document, you can Pay Amount 【￥700.00】 for your single purchase. | |
您好：您现在要进入的是北大法宝英文库会员专区。
如您是我们英文用户可直接 登录，进入会员专区查询您所需要的信息；如您还不是我们 的英文用户；您可通过网上支付进行单篇购买，支付成功后即可立即查看本篇内容。
Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153
Mobile: +86 13311570713
Fax: +86 (10) 82668268
E-mail:info@chinalawinfo.com
|
| | | | | | | | |
Scan QR Code and Read on Mobile
|
|
|
|
|
|
Message: Please kindly comment on the present translation.
|
|
|
|
|
|
|
|
|
Translations are by lawinfochina.com, and we retain exclusive copyright over content
found on our website except for content we publish as authorized by respective copyright
owners or content that is publicly available from government sources.
Due to differences in language, legal systems, and culture, English translations
of Chinese law are for reference purposes only. Please use the official Chinese-language
versions as the final authority. Lawinfochina.com and its staff will not be directly
or indirectly liable for use of materials found on this website.
We welcome your comments and suggestions, which assist us in continuing to improve
the quality of our materials as we dynamically expand content.
|
|
|
|
|
|