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Opinions of the Supreme People's Court on Building One-stop Diversified Dispute Resolution Mechanisms and One-stop Litigant Service Centers [Effective]
最高人民法院关于建设一站式多元解纷机制 一站式诉讼服务中心的意见 [现行有效]
【法宝引证码】

Opinions of the Supreme People's Court on Building One-stop Diversified Dispute Resolution Mechanisms and One-stop Litigant Service Centers 

最高人民法院关于建设一站式多元解纷机制 一站式诉讼服务中心的意见

(No. 19 [2019] of the Supreme People's Court) (法发〔2019〕19号)

For the purposes of deepening the comprehensive supporting reform of the judicial system, fully building a modern litigation service system, and further enhancing the capability of people's courts to resolve disputes and serve the public, the following opinions are hereby offered on building one-stop diversified mechanisms and one-stop litigation service centers. 为深化司法体制综合配套改革,全面建设现代化诉讼服务体系,进一步增强人民法院解决纠纷和服务群众的能力水平,现就建设一站式多元解纷机制、一站式诉讼服务中心,提出如下意见。
I. General requirements 一、总体要求
1. Adhering to Xi Jinping Thought on Socialism with Chinese Characteristics in a New Era as the guidance, thoroughly implementing General Secretary Xi Jinping's new concepts, ideas, and strategy respecting comprehensive law-based governance of the country, adhering to the Party's absolute leadership over the work of people's courts, adhering to justice for the people and impartial justice, fully building a modern litigation service system that is intensive and efficient, resolves disputes in a diversified manner, and is facilitative to and in favor of the public, intelligent, precise, open, interactive, integrated, and shared, promoting the updating of concepts of and changes in mechanisms for dispute resolution and litigation services, achieving one-stop diversified dispute resolution and one-stop litigation services, and striving to enable the public to see in every judicial case that justice is served. 1.坚持以习近平新时代中国特色社会主义思想为指导,深入贯彻落实习近平总书记全面依法治国新理念新思想新战略,坚持党对人民法院工作的绝对领导,坚持司法为民、公正司法,全面建设集约高效、多元解纷、便民利民、智慧精准、开放互动、交融共享的现代化诉讼服务体系,推动纠纷解决和诉讼服务理念更新、机制变革,实现一站式多元解纷、一站式诉讼服务,努力让人民群众在每一个司法案件中感受到公平正义。
2. Adhering to a people-centered approach. The efforts of the justice to facilitate, favor, and benefit the public shall be increased, and the public shall be provided with diverse and fast-track dispute resolution channels and one-stop and high-quality litigation services, so as to heighten the public sense of fulfillment, happiness and security in all aspects. 2.坚持以人民为中心。加大司法便民利民惠民工作力度,为人民群众提供丰富快捷的纠纷解决渠道和一站式高品质的诉讼服务,全方位提升人民群众的获得感、幸福感、安全感。
3. Adhering to the rule of law as the guarantee. All aspects of resources and forces shall be arranged holistically under the rule of law for to participate in social governance activities, conflicts and disputes shall be resolved, and the role of the justice in guaranteeing the diversified dispute resolution mechanism shall be strengthened, so as to create good environment under the rule of law in the whole society, in which matters are handled by law, the law is the first resort, problems are solved by law, and conflicts are resolved in reliance on the law. 3.坚持法治保障。在法治轨道上统筹各方面资源力量参与社会治理活动,化解矛盾纠纷,强化司法对多元化纠纷解决机制的保障作用,促进全社会形成办事依法、遇事找法、解决问题用法、化解矛盾靠法的良好法治环境。
4. Adhering to a problem-oriented approach and demand-oriented approach. With a focus on prominent conflicts and problems, in order to meet the diversified needs for justice, the formation of a one-stop diversified dispute resolution mechanism that is based on a hierarchical structure, combines complexity and simplicity, and is connected and supported shall be promoted, and the construction of three-dimensional, intensive, and information technology-enabled one-stop litigation service centers shall be accelerated, so as to enhance the precision, synergy and effectiveness of diversified dispute resolution and litigation services. 4.坚持问题导向和需求导向。聚焦突出矛盾问题,满足多元司法需求,推动形成分层递进、繁简结合、衔接配套的一站式多元解纷机制,加快建设立体化集约化信息化的一站式诉讼服务中心,增强多元解纷和诉讼服务的精准性、协同性、实效性。
5. Adhering to reform and innovation. The decision and arrangements of the CPC Central Committee respecting the comprehensive supporting reform of the judicial system shall be implemented, interaction and integration shall be strengthened, and the litigation pattern shall be reshaped, so as to improve the efficacy of procedures and develop a new mode for dispute resolution and litigation services with Chinese characteristics that conforms to China's national conditions, reflects the laws of justice, and leads the trend of the times. 5.坚持改革创新。落实党中央关于司法体制综合配套改革的决策部署,加强联动融合,重塑诉讼格局,提升程序效能,形成符合中国国情、体现司法规律、引领时代潮流的中国特色纠纷解决和诉讼服务新模式。
6. By the end of 2020, the one-stop diversified dispute resolution mechanisms of nationwide courts will have been basically sound, and one-stop litigation service centers will have been fully built. The function of online case docketing will have been widely opened, and cross-regional case docketing services will have been fully implemented. Intermediate and basic people's courts will have established a working pattern in which the majority of judges handle a few difficult and complicated cases, and a few judges solve most simple cases. 6.到2020年底,全国法院一站式多元解纷机制基本健全,一站式诉讼服务中心全面建成。普遍开通网上立案功能,全面推行跨域立案服务。中级、基层人民法院建立由多数法官办理少数疑难复杂案件,少数法官解决多数简单案件的工作格局。
II. Working measures 二、工作措施
7. Voluntarily integrating into the building of a governance mechanism of sources of litigation under the leadership of CPC committees and the government. The role of people's courts in participating, promoting, regulating, and guaranteeing the governance of sources of litigation shall be effectively underscored, and work shall be promoted in extending to prevention and control from the source of disputes. The efforts of CPC committees and the government to build "litigation-free" rural communities, integrated conflict and dispute resolution centers, and administrative dispute mediation centers shall be voluntarily connected, and the integration of governance of sources of litigation into the local evaluation system for public security construction shall be supported. The support for, guidance and regulation of dispute resolution by extrajudicial means shall be strengthened. The functions of people's courts to prevent and resolve conflicts and disputes on the spot shall be enhanced, the integration into the building of primary-level dispute resolution network shall be voluntarily conducted, and the connection with primary-level party organizations, political and legal affairs entities, and self-governing organizations shall be effectively conducted. Litigation service stations and points of contact for judges shall be generally established, and circuit services and home visits shall be strengthened, so as to provide training and guidance for basic self-governing organizations in jurisdictions to resolve disputes and reduce conflicts and disputes from the source. The role of judicial big data in assessing, forecasting, and predicting the development of conflict risks shall be strengthened to prevent and control major conflict risks in advance. 7.主动融入党委和政府领导的诉源治理机制建设。切实发挥人民法院在诉源治理中的参与、推动、规范和保障作用,推动工作向纠纷源头防控延伸。主动做好与党委政府创建“无讼”乡村社区、一体化矛盾纠纷解决中心、行政争议调解中心工作对接,支持将诉源治理纳入地方平安建设考评体系。加强对非诉讼方式解决纠纷的支持、指导和规范。强化人民法庭就地预防化解矛盾纠纷功能,主动融入基层解纷网络建设,做好与基层党组织、政法单位、自治组织的对接。普遍建立诉讼服务站、法官联络点,加强巡回服务、上门服务,为辖区内基层自治组织解决纠纷提供培训指导,从源头上减少矛盾纠纷。强化司法大数据对矛盾风险态势发展的评估和预测预警作用,提前防控化解重大矛盾风险。
8. Improving the interaction and connection mechanism for pre-litigation diversified dispute resolution. The relevant authorities shall be united in issuing documents on advancing diversified dispute resolution, the connection with procedures for mediation, arbitration, notarization, and administrative reconsideration shall be strengthened, and the mechanism for connection with relief procedures of administrative adjudication shall be improved. The channels to connect with trade unions, Communist Youth League, women's federations, law societies, administrative agencies, arbitral institutions, notary offices, industry associations, industry organizations, chambers of commerce, and the like shall remain unimpeded, coordinated data sharing shall be strengthened, and special persons shall be assigned to conduct liaison work. The establishment of an advance mediation mechanism shall be promoted, and the role of people's mediation, administrative mediation, lawyer mediation, industry mediation, specialist mediation, mediation by chambers of commerce, and the like in resolving disputes before litigation shall be underscored. The judicial confirmation of mediation agreements shall be strengthened, the judicial confirmation procedures shall be further improved, the establishment of a liaison officer mechanism for judicial confirmation shall be explored, and judicial confirmation shall be promoted in comprehensively being connecting with people's mediation and other online platforms, so as to achieve the fast-track registering and handling of judicial confirmation of people's mediation. 8.完善诉前多元解纷联动衔接机制。联合有关部门出台推进多元解纷文件,加强与调解、仲裁、公证、行政复议的程序衔接,健全完善行政裁决救济程序衔接机制。畅通与工会、共青团、妇联、法学会、行政机关、仲裁机构、公证机构、行业协会、行业组织、商会等对接渠道,加强数据协同共享,指派专人开展联络工作。促进建立调解前置机制,发挥人民调解、行政调解、律师调解、行业调解、专业调解、商会调解等诉前解纷作用。加强调解协议司法确认工作,进一步完善司法确认程序,探索建立司法确认联络员机制,推动司法确认全面对接人民调解等线上平台,实现人民调解司法确认的快立快办。
9. Constructing type-based and specialized mediation platforms. According to the types and characteristics of regional disputes, marriage and family, road traffic, property disputes, industrial disputes, medical disputes, banking and insurance, securities and futures, intellectual property, Chinese expatriates-related and foreign-related, and other specialized mediation studios shall be established in litigation service centers as needed. Federations of industry and commerce and chambers of commerce shall be supported in organizing mediation in enterprise-related disputes. The establishment of mediation studios named after mediators and judges shall be encouraged. The establishment of lawyer mediation studios shall be promoted. The roster of specially invited mediators and specially invited mediation organizations shall be improved, and the training, guidance and management of mediators shall be strengthened. 9.建设类型化专业化调解平台。根据地区纠纷类型和特点,在诉讼服务中心按需建立婚姻家庭、道路交通、物业纠纷、劳动争议、医疗纠纷、银行保险、证券期货、知识产权、涉侨涉外等专业化调解工作室。支持工商联和商会组织调解涉企纠纷。鼓励建立以调解员、法官个人命名的调解工作室。推广建立律师调解工作室。健全特邀调解员和特邀调解组织名册,加强对调解人员培训、指导和管理。
10. Improving mechanisms for integrated connection between litigation and mediation. The substantial connection between litigation and mediation shall be promoted. A mediation and expedited trial team composed of judges, assistant judges, clerks, and mediators shall be established, mediation shall be promptly and effectively guided, and the holistic connection between litigation and mediation shall be enhanced, so as to apply mediation or trial as appropriate. For disputes for which a suit has been filed with the court, the advantages and characteristics of various methods for dispute resolution shall be explained, intelligent risk assessment services shall be provided, policies on cost waiver shall be publicized, and according to the principles of voluntariness and lawfulness, the parties shall be directed and encouraged to choose extrajudicial methods to resolve disputes. For disputes capable of being resolved through administrative adjudication, the parties shall be directed to effect resolution through administrative adjudication in accordance with the law; and if mediation is appropriate and consented to by the parties, mediation shall be conducted before case docketing. If the mediation is successful, and a legal document needs to be issued, the judge of the mediation and expedited trial team shall proceed according to the law; if the mediation fails, the mediator shall fix facts not in dispute and assist in confirmation of service address and other work. The time limit for pre-litigation mediation shall be specified, and procedures for case docketing and separation of simple cases from complicated ones after failed mediation shall be regulated. A management system for pre-litigation mediation cases shall be established to achieve case-by-case registration, full-process traceability, dynamic management, and pre-litigation mediation workload shall be included in the scope of statistical survey for evaluation. 10.完善诉调一体对接机制。促进诉调对接实质化。建立由法官、法官助理、书记员及调解员组成的调解速裁团队,及时做好调解指导,强化诉调统筹衔接,做到能调则调,当判则判。对起诉到法院的纠纷,释明各类解纷方式优势特点,提供智能化风险评估服务,宣传诉讼费减免政策,按照自愿、合法原则,引导鼓励当事人选择非诉讼方式解决纠纷。对能够通过行政裁决解决的,引导当事人依法通过行政裁决解决;对适宜调解且当事人同意的,开展立案前先行调解。调解成功、需要出具法律文书的,由调解速裁团队法官依法办理;调解不成的,调解员应当固定无争议事实,协助做好送达地址确认等工作。明确诉前调解时限,规范调解不成后的立案和繁简分流程序。建立诉前调解案件管理系统,做到逐案登记、全程留痕、动态管理,并将诉前调解工作量纳入考核统计范围。
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