What Are the Different Types of Mediator Qualifications?

The All-China People's Mediators Association was established in May 1993 with the approval of the Ministry of Civil Affairs. The inaugural meeting was held in Beijing in November of the same year. The Association is committed to uniting people's mediators across the country, holding up the great banner of socialism with Chinese characteristics, implementing the scientific concept of development, developing and improving the people's mediation system, putting people first, resolving contradictions and disputes, enhancing people's unity, and maintaining fairness and justice. To promote social harmony and contribute to the comprehensive construction of a well-off society.

All-china people's mediators association

Unite the people's mediators across the country, hold high the great banner of socialism with Chinese characteristics, implement the scientific concept of development, develop and improve the people's mediation system, be people-oriented, resolve contradictions and disputes, enhance people's unity, maintain fairness and justice, promote social harmony, and contribute to the comprehensive construction of a well-off society .

Educate members on theories of building socialism with Chinese characteristics, and organize members to study the laws and regulations of the people and the party on the people's mediation work, as well as the people's mediation expertise;

Mobilize members to actively mediate conflicts and disputes, promote social harmony and maintain social stability; summarize and exchange people's mediation work experience, carry out people's mediation theory research, and promote the reform and development of people's mediation system;

Support people's mediators to perform their duties in accordance with the law and safeguard the membership

The All-China People's Mediators Association has a term of five years and is under the guidance and supervision of the Ministry of Justice and the Ministry of Civil Affairs.

The chairman of the first session of the association was Comrade Zhang Geng, former vice minister of the Ministry of Justice, and the vice chairmen were Chen Qi (Director of Grassroots Department), Liu Zhitao, Liu Zhiyuan (formerly Director of Grassroots Department, Deputy Director), and Zhou Xianqi (Supreme People) The court's deputy president), Ju Dingguo (deputy general manager of Anshan Iron & Steel Co., Ltd.), Tan Zhuqing, and Li Xiurong (conciliation director) served as the secretary-general. Comrade Chen Qi concurrently served as the deputy secretary-general and Li Ming served as the deputy secretary-general. Chen Yixian, Liu Fuzhi and Lei Jieqiong were honorary presidents of the first association at the invitation of the Ministry of Justice and the association.

In May 1999, the Association convened the second member congress and held general elections. Former Vice Minister of Justice Comrade Duan Zhengkun was elected as the president of the second session of the association. Chen Qi, Luo Jianping, Yu Hongwu, Yang Rongxin, and Tan Zhuqing were elected as vice presidents. Chen Qi was also the secretary-general and Li Bing was the deputy secretary-general. Liu Fuzhi and Lei Jieqiong accepted the appointment of the Ministry of Justice and the Association and continued to serve as honorary presidents of the second association.

In November 2007, the Association held its third member congress, which elected the third council and council of the All-China People's Mediators Association. Comrade Hao Chiyong, Deputy Minister of Justice, was elected as the chairman, Wang Jun, the director of the grass-roots work guidance department of the Ministry of Justice, was elected as the executive vice chairman, Yu Hongwu and Wu Meili were elected as the vice chairman, Li Bing was the secretary-general, and Cheng Hongliang and Gao Jianxun were the deputy secretary-generals. .

Strengthen organization

The association has always taken the strengthening of organizational construction as its top priority, actively developed group members and individual members, and promoted the construction of local associations. At present, the association has developed 90 group members and 280 individual members. Beijing, Tianjin, Hebei, Henan, Hunan, Guangdong, Guangxi, Hainan, Shanghai, Shandong, Sichuan, Chongqing, Yunnan, Shaanxi, Ningxia, Qinghai, Xinjiang, Jilin, Anhui, and other 19 provinces, autonomous regions, and municipalities have established people's mediation Member association.

Strengthen institution building

The Association has successively formulated the "Administrative Measures for the All-China People's Mediators Association Membership Fees", the "Rules of Procedure of the Standing Council of the All-China People's Mediator Association" and the "Interim Measures for the Development and Cancellation of Membership of the All-China People's Mediator Association". It has played a positive role in regulating the work of the association and promoting the development of the association's work in a standardized and institutionalized direction.

Active work service

Based on the characteristics of the development and change of civil disputes, the Association actively conducts investigations and studies to provide reference opinions for decision-making by government departments. The Association has sent several staff to Hebei, Shandong, Jiangsu, Sichuan, Shaanxi and other places to conduct investigations and studies, and has mastered a lot of informative first-hand materials, which has provided useful help for exploring the people's mediation work in the new era. The Association assisted the Ministry of Justice in investigating social difficulties and hotspot disputes in 13 provinces (autonomous regions and municipalities), and put forward more systematic suggestions on the characteristics, laws and countermeasures of current rural and urban disputes. Attention. The association also actively cooperated with the Ministry of Justice, summarized and promoted the experience of the "Moat Project" in Hebei Province, and cooperated with the Ministry of Publicity and Justice to carry out activities across the country to learn from Comrade Hou Dianlu and "Hundred counties and thousands of villages create four nothing" activities.

In 2000, in accordance with the deployment and requirements of the Ministry of Justice to strengthen people's mediation work, the Association combined with the people's mediation organization proposed by the Fourth National People's Mediation Work Conference to organize special forces to organize five provinces and cities in Beijing, Tianjin, Hebei, Shanghai, and Guangzhou. The investigations were conducted on the mediation organizations in 127 cities and 178 counties, their understanding of laws, regulations, and related policies, as well as their mediation work. In order to correctly understand the status and role of people's mediation in resolving the contradictions among the people in the new era, the Association also administered judicial administration to 45 counties (districts) and 35 towns (streets) in 31 provinces, cities, and districts across the country. Investigations and analysis of various contradictions and disputes handled by government agencies, public security organs, people's courts and petition departments in 1999. Of the 45 counties (districts) under investigation, a total of 11.06 million cases were handled through mediation and handling of various contradictions and disputes in 1999. About 80% of the various cases handled by the judicial administrative organs were handled. It can be seen that the judicial administrative organs are an important channel to resolve the contradictions among the people in the new period.

In 2000, the association participated in a project against domestic violence organized by the All-China Women's Federation. They also introduced the role of people's mediation in the prevention and suppression of domestic violence in training courses on anti-domestic violence in state and provincial agencies. Participated in an anti-domestic violence study tour to examine the anti-domestic violence practices in the Philippines and the United States.

Strengthen business training

The Association has successively held several demonstration training courses and actively assisted the Ministry of Justice in guiding business training in various places. According to incomplete statistics, in recent years, associations and local associations have assisted judicial administrative organs at all levels to train 4.29 million people's mediators.

Carry out theoretical research

The Association has held the People's Mediation Theory Seminar, the "Moat Project" Theory Seminar, and the People's Mediation Work Seminar in the new period. Actively promoted the Chinese Academy of Social Sciences to include people's mediation in the "85" theoretical research topic of the Chinese Academy of Social Sciences, published the book "Chinese People's Mediation System"; held a people's mediation thesis selection activity, and edited and published the people's mediation papers.

Organize external exchanges

The Association has sent three delegations to the Philippines, Thailand, and the UK for inspections. At the same time, it cooperated with the Ministry of Justice and relevant departments of the Central Government to receive inspection delegations from countries and regions such as the United States, Japan, Canada, and Hong Kong. At present, the Association is consulting with relevant groups in Taiwan to plan to strengthen the study and exchange of cross-strait civil mediation work and promote the healthy development of cross-strait relations.

The Association cooperated with the Ministry of Justice to conduct in-depth investigations on the review and confirmation system of the mediation agreement attempted by the grass-roots courts such as Yangpu District and Changning District in Shanghai, organized theoretical research on the people's mediation system, and inspected Norway, Finland, and Taiwan. The mediation, together with the People's Pictorial and China Pictorial, edited and published the large-scale album of "People's Mediation in China", and prepared to replace and add members of the association.

• Chapter I General Provisions

The first article is named the All-China People's Mediators Association. The English name is China People's Association for Mediation, or CPAM for short.

Article 2 The All- China People's Mediators Association is a non-profit national social organization composed of national people's mediators and local people's mediator groups.

Article 3 The purpose of this association is to unite the people's mediators across the country, hold high the great banner of socialism with Chinese characteristics, implement the scientific concept of development, develop and improve the people's mediation system, be people-oriented, resolve conflicts and disputes, enhance people's unity, maintain fairness and justice, and promote social harmony To contribute to the comprehensive construction of a well-off society.

Article 4 The Association accepts the business guidance, supervision and management of the Ministry of Justice of the People's Republic of China and the Ministry of Civil Affairs of the People's Republic of China, the registration authority.

Article 5 The residence of the Association is in Beijing.

• Chapter II Business Scope

Article 6: The scope of business of the Association:

(1) To educate members on the theory of building socialism with Chinese characteristics, and to organize members to study the laws and regulations, rules, policies and people's mediation expertise of the party and the state on people's mediation work;

(2) mobilizing members to actively mediate conflicts and disputes, promote social harmony and maintain social stability;

(3) Summarizing and exchanging people's mediation work experience, conducting people's mediation theoretical research, and promoting the reform and development of people's mediation system;

(4) Supporting people's mediators in performing their duties in accordance with law and safeguarding the legitimate rights and interests of members;

(5) Reporting to the government and relevant departments about the situation of civil disputes, the work of people's mediation, and opinions and suggestions on strengthening grassroots democracy and the legal system;

(6) to guide the work of the people's mediator associations in provinces, autonomous regions and municipalities;

(7) Carrying out exchange activities with mediation organizations abroad and in Hong Kong, Macao and Taiwan regions;

(8) To handle matters entrusted by the Ministry of Justice of the People's Republic of China.

• Chapter III Members

Article 7: The People's Mediation Committee, local people's mediators association, and people's mediators are group members and individual members of the Association.

Article 8: Members enjoy the following rights:

(1) the right to vote, to be elected and to vote;

(2) Participate in learning, research, investigation and experience exchange activities organized by the Association;

(3) the right to criticize, suggest and supervise the work of the Association;

(4) using the books and materials of the Association;

(5) Supervise the financial revenue and expenditure of the Association.

Article 9: Members fulfill the following obligations:

(1) abide by the constitution of the Association, and implement the resolutions of the Association;

(2) to safeguard the legitimate rights and interests of the Association;

(3) Completing the work assigned by the Association;

(4) Paying dues in accordance with regulations;

(5) Report the situation to this Council.

Article 10: Any member who commits a serious violation of this Articles of Association shall be delisted after being voted and approved by the Council or the Standing Council.

• Chapter IV Organizations and Personnel in Charge

Article 11 The highest authority of the Association is the member congress. The functions of the member congress are:

(1) Formulating and revising the articles of association of the Association;

(2) Discuss and decide the working principles and tasks of the Association;

(3) Election and removal of members of the Council of the Council;

(4) Hearing and reviewing the work report and financial report of the council;

(5) Deciding on termination matters;

(6) Decide on other major matters.

Article 12: Model people's mediation committees, model people's mediators, outstanding people's mediation guidance managers, and investigative researcher representatives who support the constitution of the Association, participate in the activities of the Association, and make outstanding contributions in the business areas of the Association may serve as member representatives.

Member representatives are recommended by the people's mediator associations of the provinces, autonomous regions and municipalities.

Article 13: Each member's congress is held for five years. If the special term needs to be renewed in advance or postponed, it must be approved by the board of directors, submitted to the business unit for review, and approved by the registration management authority of the society.

Article 14 (2) A member congress must be attended by more than two-thirds of the member representatives before its resolution can take effect.

Article 15 The council is the executive body of the member congress. During the intersessional period, the council leads the daily work and is responsible to the member congress.

Article 16 The functions and powers of the Board are:

(1) implementing the resolutions of the member congress;

(2) Election and removal of the chairman, deputy chairman, secretary general and deputy secretary general;

(3) preparing to convene a member congress;

(4) Reporting work and financial status to the member congress;

(5) Deciding to remove members;

(6) Deciding to establish offices, branches, representative offices and entities;

(7) Deciding on the appointment of the main person in charge of each institution;

(8) to formulate the work plan of the Association and lead the institutions of the Association to carry out the work;

(9) To organize academic research activities related to the people's mediation business;

(10) Formulating internal management systems;

(11) additional directors;

(12) Decide on other major matters.

Article 17: The council must be attended by more than two-thirds of the directors, and its resolutions must take effect after two-thirds of the directors vote.

Article 18: The council meets at least once a year to summarize work, deploy tasks, and study and solve problems.

Article 19: This Council establishes a standing council. The standing council is composed of the president, deputy chairman, secretary general, and deputy secretary general. The standing council is elected by the council and exercises Article 16 during the intersessional period. The powers of nine, ten, eleven are responsible to the council.

Article 20 (2) The standing council must be attended by more than two-thirds of the executive directors, and its resolutions can only take effect after being passed by more than two-thirds of the standing council members.

Article 21: The executive council meets at least half a year to supervise and inspect the implementation of tasks, study and decide to submit matters to the council for decision.

Article 22: The chairman, deputy chairman, secretary general, and deputy secretary general of the Association must meet the following requirements:

(1) Adhere to the party's line, principles, and policies, and have good political quality;

(2) Having a greater influence in the business area of the Association;

(3) The maximum age of office of the chairman, deputy chairman, secretary general and deputy secretary general is not more than 70 years;

(4) be healthy and able to work normally;

(5) Have not been subjected to criminal punishment for deprivation of political rights;

(6) Having full capacity for civil conduct.

Article 23: The term of office of the chairman, deputy chairman, secretary general, and deputy secretary general of the Association is five years. The term of office of the chairman, deputy chairman, secretary general, and deputy secretary general shall not exceed two terms.

Article 24: The executive vice president of the Association is the legal representative of the Association.

Article 25 The President of the Association shall exercise the following functions and powers:

(1) Convening and presiding over the executive council;

(2) to check the implementation of the resolutions of the member congress and the standing council;

(3) Sign relevant important documents on behalf of the Association.

Article 26 The Secretary-General of the Association shall exercise the following functions and powers:

(1) Preside over the daily work of the office and organize the implementation of the annual work plan;

(2) Coordinating the work of all branches, representative offices and entities;

(3) Nomination of the Deputy Secretary-General and the principals of each office, branch, representative office and entity shall be submitted to the council or executive council for decision;

(4) Deciding on the employment of full-time staff of the office, representative office and entity;

(5) Handling other daily affairs.

• Chapter V Principles of Asset Management and Use

Article 27 Sources of Funds of the Association:

(1) dues;

(2) donation;

(3) Government funding;

(4) income from activities or services carried out within the approved scope of business;

(5) Other legal income.

Article 28. The Association collects membership dues in accordance with relevant state regulations. Individual members do not pay membership dues.

Article 29: The funds of the Association must be used for the development of the business scope and cause specified in this Articles of Association, and shall not be distributed among members.

Article 30: The Association establishes a strict financial management system to ensure that the accounting information is legal, authentic, accurate and complete.

Article 31 The Association is equipped with professionally qualified accountants. Accounting should not act as cashier. Accountants must perform accounting calculations and implement accounting supervision. When transferring or leaving an accountant, the accountant must go through the transfer formalities with the person taking over.

Article 32: The asset management of the Association must implement the financial management system prescribed by the state, and accept the supervision of the member congress and the financial department. If the source of assets belongs to state appropriations or social donations and funding, they must be subject to audit supervision.

Article 33: Before the re-election or replacement of the legal representative, the Association must accept the financial audit organized by the registration management organization of the society and the competent business unit.

Article 34. No unit or individual may misappropriate, privately distribute or misappropriate the assets of the Association.

Article 35 The wages, insurance and welfare benefits of the full-time staff of the Association shall be implemented with reference to relevant state regulations on public institutions.

• Chapter VI Procedures for Amending the Articles of Association

Article 36 (1) Amendments to the articles of association of this association shall be submitted to the member congress for consideration after being approved by the council.

Article 37: The amended articles of association of the Association shall be effective within 15 days after being approved by the member congress, after being reviewed and approved by the competent business unit, and reported to the registration management authority of the society.

• Chapter VII Termination Procedure and Disposal of Property After Termination

Article 38: If the Association fulfills its purpose or dissolves itself or needs to be cancelled due to division, merger, etc., the Council or the Executive Council shall propose a termination motion.

Article 39: The motion for termination of the Association shall be approved by the member congress and submitted to the competent business unit for review and approval.

Article 40 Prior to the termination of the Association, a liquidation organization shall be established under the guidance of the competent business unit and relevant authorities to clear creditor's rights and debts and deal with aftermath. During the liquidation, not to carry out activities other than liquidation.

Article 41 The Association shall be terminated after the cancellation of registration by the registration authority of the society.

Article 42 The remaining property after the termination of the Association shall be used for the development of undertakings related to the purpose of the Association under the supervision of the competent business unit and the registration management authority of the society in accordance with the relevant state regulations.

• Chapter VIII Supplementary Provisions

Article 43: This Articles of Association was voted and approved by the member congress on November 28, 2007.

Article 44: The right to interpret this charter belongs to the Standing Council of the Association.

Article 45: This Article of Association takes effect on the date of approval by the registration management authority of the association. ^[1]