(Issued on December 29, 2005 in accordance with Decree No. 6 of the People’s Government of Guangzhou Municipality, amended for the first time on September 30, 2015 in accordance with Decree No. 132 of the People’s Government of Guangzhou Municipality and amended for the second time on November 14, 2019 in accordance with Decree No. 168 of the People’s Government of Guangzhou Municipality)

　　Article 1     These Rules are formulated in accordance with relevant laws and regulations, on the basis of the actual conditions of this Municipality and with a view to effectively resolving disputes over administrative law enforcement among administrative bodies of this Municipality, establishing a mature administrative law-enforcement system within which behaviors are well-regulated, operations are harmonious, and powers and responsibilities are clearly defined, and promoting law-based administration.

　　Article 2     These Rules shall be applicable to the mediation of disputes among administrative bodies of this Municipality arising during their implementation of laws, regulations, rules or administrative normative documents.

　　The term “administrative bodies” referred to in the preceding paragraph include the administrative organs with the administrative law enforcement powers and the organizations with the functions of administering public affairs authorized by laws or regulations.

　　Article 3     The municipal or district judicial authority shall take charge of the specific work related to administrative law enforcement mediation.

　　Article 4     The mediation of administrative law enforcement shall be conducted in accordance with laws, regulations and rules, and referring to the provisions of relevant administrative normative documents.

　　The conflicts among provisions of laws, regulations and rules shall be resolved in accordance with the Legislation Law of the People’s Republic of China.

　　For any matters not covered in laws, regulations, rules or administrative normative documents, the mediation of administrative law enforcement shall be conducted pursuant to the principles of benefiting the logical and reasonable allocation of administrative powers, and raising administrative efficiency and effectiveness.

　　Article 5     The scope of administrative law enforcement mediation shall include the following situations arising in the performance of duties by administrative bodies:

　　(1) Where two or more administrative bodies are in dispute as to whether they have legal functions and duties over the same matter;

　　(2) Where two or more administrative bodies think there is ambiguity or have different understandings about a clause concerning their functions under laws, regulations, rules or administrative normative documents;

　　(3) Where two or more administrative bodies have administrative duties mandated by law over the same matter or administrative law violation so that mediation is needed with respect to the criterion for law enforcement;

　　(4) Where an administrative body shall have assisted or cooperated with another administrative body in law enforcement according to law but fails to fulfill its duties or fails to fulfill the duties effectively;

　　(5) Where an administrative body shall have referred a case of administrative law violation as required by law but fails to do so, or a relevant administrative body shall have accepted the referred case but refuses to do so; and

　　(6) Other matters that require mediation.

　　Article 6     These Rules shall not be applicable to the following situations:

　　(1) Where the dispute over an ordinary administrative matter does not involve interpretation or application of laws, regulations, provisions or administrative normative documents;

　　(2) Where the dispute is within a single administrative body;

　　(3) Where the dispute is between an administrative body and a counterpart thereto; and

　　(4) Where laws, regulations or rules stipulate otherwise about the mediation of administrative law enforcement disputes.

　　Article 7     The municipal judicial authority shall be responsible for the mediation of disputes between municipal administrative bodies, between a municipal administrative body and a district administrative body, or between administrative bodies of different districts, arising in the course of enforcement of laws, regulations, rules or administrative normative documents.

　　The district judicial authority shall be responsible for the mediation of disputes between administrative bodies of the same district arising in the course of enforcement of laws, regulations, rules or administrative normative documents.

　　For any dispute between a State ministry or a provincial administrative body stationed in this Municipality and an administrative body of this Municipality arising during enforcement of laws, regulations, rules or administrative normative documents, if the administrative body of this Municipality deems mediation necessary, the municipal people’s government shall be responsible for reporting to the provincial people’s government for instructions.

　　Article 8     In case of any circumstance specified in Article 5 herein, the parties to the dispute shall conduct law-based mediation on their own. If the mediation fails, any administrative body to the dispute may submit a written request to the judicial authority for mediation. The official document submitted for mediation shall specify the matters in dispute, relevant legal basis, the consultation situation, the opinions of the administrative body and other information required.

　　The judicial authority may take the initiative to coordinate any matter deemed by it as constituting a situation specified in Article 5 herein.

　　Citizens, legal persons or other organizations who believe that there exists a situation specified in Article 5 herein may submit a written proposal to the judicial authority for mediation.

　　Article 9     The judicial authority shall issue a Notice of Mediation of Administrative Law Enforcement and relevant documents to the relevant administrative body in need of administrative law enforcement mediation in any of the situations specified in Article 5 herein; it shall inform the relevant administrative body that applies for administrative law enforcement mediation or the citizens, legal persons or other organizations having made relevant suggestions.

　　Article 10   Any relevant administrative body involved in the mediation of administrative law enforcement shall submit the following documents to the judicial authority within 7 working days from the date of receipt of the Notice of Mediation of Administrative Law Enforcement:

　　(1) A statement on the mediation matters;

　　(2) The texts of relevant laws, regulations, rules or administrative normative documents;

　　(3) Opinions on the disputed matters;

　　(4) Other relevant materials required.

　　Article 11    When conducting administrative law enforcement mediation, the judicial authority shall hold a mediation meeting to fully listen to the opinions of the relevant administrative bodies, and ask the heads of the relevant administrative bodies to be present; when the mediation may involve changes in the functions of the administrative bodies, the judicial authority shall notify the staffing authority to be present.

　　Article 12   After the administrative law enforcement mediation, the judicial authority shall act as follows:

　　(1) Where the relevant administrative bodies have reached a consensus on the relevant matters after mediation, the judicial authority shall, upon confirmation by the relevant administrative bodies in writing and approval by the people’s government at the same level, prepare the Opinions on Administrative Law Enforcement Mediation;

　　(2) Where the relevant administrative bodies fail to reach a consensus on the relevant matters after mediation, the judicial authority shall report it to the people’s government at the same level for decision.

　　Where one party to the dispute over administrative law enforcement is the judicial authority, the decision shall be made by the people’s government at the same level.

　　Article 13   For administrative law enforcement mediation matters decided by the people’s government at the same level, the judicial authority shall prepare the Decision on Administrative Law Enforcement Mediation in accordance with the relevant government decisions, and print and issue it in the name of the people’s government.

　　Article 14   The Opinions on Administrative Law Enforcement Mediation and the Decision on Administrative Law Enforcement Mediation shall take effect from the date of issuance, and shall be binding on relevant administrative bodies.

　　The Opinions on Administrative Law Enforcement Mediation and the Decision on Administrative Law Enforcement Mediation shall be sent to the relevant administrative bodies and the competent staffing authority. The competent staffing authority shall then implement the items specified in the Opinions on Administrative Law Enforcement Mediation and the Decision on Administrative Law Enforcement Mediation when identifying the functions of the relevant administrative bodies.

　　For administrative law enforcement mediation brought by the suggestions of citizens, legal persons or other organizations, the judicial authority shall also notify in writing the relevant proposers of the mediation results.

　　If the result of administrative law enforcement mediation involves changes in the functions of administrative bodies, the relevant administrative bodies shall disclose to the public in accordance with the provisions of the Rules of Guangzhou Municipality on Disclosure of Government Information.

　　Article 15   The Opinions on Administrative Law Enforcement Mediation prepared by the judicial authority shall be reported to the people’s government at the same level for filing.

　　Article 16   Before the Opinions on Administrative Law Enforcement Mediation and the Decision on Administrative Law Enforcement Mediation take effect, the administrative bodies involved in the dispute shall continue to perform their duties according to law.

　　Article 17   Where the judicial authority, during administrative law enforcement mediation, finds that the administrative body has problems in the administrative law enforcement, it shall put forward opinions or suggestions to the relevant administrative body; for the common problems in two or more administrative bodies, the judicial authority shall promptly organize relevant authorities to conduct research and determine solutions or improvement measures.

　　Where the judicial authority, during administrative law enforcement mediation, finds that the provisions of the relevant laws, regulations or rules are not clearly defined or complete, it shall request the organ that formulated the laws, regulations or rules for interpretation or give suggestions on amendment; if the provisions of administrative normative documents are clearly defined or complete, the judicial authority shall handle it in accordance with the relevant provisions on the management of administrative normative documents.

　　Article 18   In case of any change to the legal basis of the Opinions on Administrative Law Enforcement Mediation and the Decision on Administrative Law Enforcement Mediation, the relevant administrative body shall implement it according to the new legal basis, and notify in writing the original judicial authority that conducted the administrative law enforcement mediation; if the relevant administrative body deems that a new dispute has arisen, it may make a separate application for administrative law enforcement mediation in accordance with these Rules.

　　Article 19   Where the relevant administrative bodies fail to mediate the existing dispute between/among themselves or fail to submit it to the judicial authority for mediation, and shirk their responsibilities, thereby causing serious consequences, the competent authority shall order them to make corrections and impose sanctions on the persons in charge responsible and other persons directly responsible; if a crime is constituted, criminal liabilities shall be investigated and affixed according to law.

　　Article 20   The judicial authority shall be responsible for supervising the implementation of the Opinions on Administrative Law Enforcement Mediation and the Decision on Administrative Law Enforcement Mediation.

　　Where any administrative body refuses to implement the Opinions on Administrative Law Enforcement Mediation and the Decision on Administrative Law Enforcement Mediation, the judicial authority shall report it to the people’s government at the same level for circulating a notice of criticism, and if necessary, may issue a compulsory supervision order to the relevant administrative body and suggest the competent authority to hold the persons in charge responsible and other responsible persons accountable for administrative responsibilities.

　　Article 21   The municipal judicial authority shall strengthen the guidance, supervision and inspection of the work related to administrative law enforcement mediation in this Municipality.

　　Where the municipal judicial authority, during the supervision and inspection on administrative law enforcement mediation, finds that there is any error in the Decision on Administrative Law Enforcement Mediation and the Opinions on Administrative Law Enforcement Mediation made by the people’s government at a lower level and the judicial authority thereunder, it shall put forward correction suggestions and report to the municipal people’s government for decision.

　　Where the judicial authority finds that the relevant administrative bodies have made mistakes in the administrative law mediation conducted between/among themselves, it shall order them to make corrections.

　　Article 22   The municipal judicial authority may, according to actual needs, formulate the detailed implementation rules of these Rules.

　　Article 23   These Rules shall come into force on March 1, 2006.