Beijing's Land Expropriation And Demolition Disputes Give Priority To The Start Of Administrative Mediation &Nbsp; Defuse The People To Inform The Officials.

Washington (reporter Yang Huayun) civil servants and civil disputes such as demolition, social security disputes and traffic damage compensation and other civil disputes, is expected to give priority.

Recently, the general office of the municipal government issued further opinions on strengthening administrative mediation.

The view is that, with the promotion of urban and rural integration and other work, social contradictions resolution work is facing.

For the first class of disputes, opinions put forward priority mediation in the administrative reconsideration procedure, and require all levels of organs to cooperate with the reconsideration bodies for mediation.

Because the administrative procedure law stipulates that administrative litigation is not allowed to mediate, the opinion proposes a way of coordination for administrative litigation, requires administrative organs to coordinate with the court, and corrections should be made for the problems pointed out by the court. If the administrative action is sued, it may lead to major disputes.

For the second types of civil disputes, the opinion requires that the administrative organs should give priority to mediation on the basis of the consent of the parties, so that all parties can reach an agreement and fail to reach an agreement. The administrative organ shall decide the matter according to law and inform the parties concerned.

It is pointed out that we should be accountable if we do not actively cooperate with administrative mediation, can not resolve disputes in time, and cause serious consequences.

Two types of dispute resolution channels

first kind

Administrative disputes: administrative disputes such as land expropriation, urban housing demolition, human resources and social security, public security management and so on.

The solution is to give priority to mediation in the administrative reconsideration procedure, and require the administrative organs at all levels to cooperate with the mediation work of the reconsideration organ.

Second category

Civil disputes: for example, traffic damage compensation, medical and health, consumer rights protection, property management, labor disputes, etc.

The solution is: the administrative organ should give priority to mediation on the basis of the agreement of the parties, so as to facilitate the parties to reach an agreement and fail to reach an agreement. The administrative organ shall decide according to law and inform the parties of the right and way of relief.

Expert opinion

1 avoid mandatory mediation.

Mo Yuchuan, a professor at the Renmin University of China School of law drafted by the draft, said that administrative mediation played an important role in mediation in the pitional period of social contradictions. However, he also reminded that in the process of implementation, we should pay attention not to change the active mediation into compulsory mediation. The active mediation of administrative organs does not imply the inevitable start of administrative mediation. If any party expressly disagrees with mediation, the administrative organ can not initiate mediation procedures unilaterally.

2 prevent abuse of power.

Mo Yuchuan also said that in addition, the administrative organs should be prevented from abusing their strong positions through administrative mediation in a disguised way.

Administrative mediation is presided over or led by administrative organs. Based on laws, regulations and policy stipulations, the dispute settlement mechanism is mainly based on civil disputes and administrative disputes, through persuasion and persuasion, so as to promote equality negotiation, mutual understanding and mutual accommodation, agreement and elimination of contradictions between parties.