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Written by: Zhang Meihua
2019-12-13 20:31
Last updated: 2019-12-13 20:31In the past, the community has put forward different opinions on the work of the Equal Opportunities Commission in handling complaints. The EOC has conducted a process review of its governance, management structure and complaint handling procedures in the past two years, and announced the review report today (13th). Retired High Court Judge Rui Anmu conducted an independent review of the complaint handling procedures of the EOC, and suggested that the EOC should require all complainants to try "early mediation", which is half the time compared with the current one, that is, within 2 to 3 months after the complaint is made Completed; within six months after the failure of the mediation, the EOC should also decide whether to provide full legal assistance in most cases and refer the case to the court.
EOC Chairman Zhu Minjian agreed with the recommendations of the procedural review report, especially the victim-oriented approach is the appropriate approach for EOC to handle complaints. (Profile picture / Photo by Hong Jiahui)
The EOC's current complaint handling procedures are divided into "early mediation" and "mediation". The Equal Opportunity will conduct "early mediation" within 2 to 3 months after receiving the complaint. If the early mediation is unsuccessful, the Complaints Division will investigate the complaint of the aggrieved person to conduct "mediation" with the alleged offender. Reconciliation. The entire mediation process, including the investigation, needs to be carried out within six months of receiving the complaint. However, the mediation process sometimes takes a long time. The staff responsible for investigating cases in the Complaints Division usually also acts as a mediator during the mediation process.
The report stated that early mediation would undoubtedly resolve many complaints promptly, and that the general public was also very impressed with early mediation. However, the investigation and mediation conducted after the failure of early mediation were generally unpleasant. The report suggested that some people believed that the investigation was too long and too annoying, which made the aggrieved person to endure "great pain" repeatedly, and even made the aggrieved person "harm again." When the final mediation fails, the entire complaint may take more than half a year, increasing the victim's feeling of victimization.
The report recommends that the EOC ask all complainants to try "early mediation", which usually takes 2 to 3 months after the complaint is made. If the "early mediation" is unsuccessful, the EOC should directly consider whether to give the complainant legal assistance or what form of legal assistance should be given. In order to facilitate the implementation of the above-mentioned changes in procedures, the report also proposes to rename the process currently called "early mediation" to "mediation". Within half a year after the failure of mediation, the EOC should also decide whether to provide comprehensive legal assistance for most cases and refer the case to the court.
A report written by Retired High Court Judge Rui Anmu proposed to rename the current "early mediation" process to "mediation". All complainants' complaints were completed within 2 to 3 months after the complaint, which is half the time compared with the current one. (Photo / Photo by Wu Zhongkun)
EOC Chairman Zhu Minjian agrees with the recommendations of the procedural review report, especially the victim-oriented approach is the appropriate approach for EOC to handle complaints; case information and evidence must be collected in a comprehensive manner when handling complaints; and the chairman is responsible The role of chief commander, assisted by members of the Equal Governance Committee and the professional management team.
Zhu Minjian believes that despite the lengthy process of reviewing the process, it has succeeded in achieving its goals and solving most of the challenges faced by the EOC. The process review report also provides a reference value. Zhu Minjian pointed out that it helps to consider how to further improve the management structure of the equal opportunity in the future to ensure that the equal opportunity can continue to improve and overcome new challenges.
Retired High Court Judge Rui Anmu independently reviewed the complaint handling procedures of the EOC on a voluntary basis. (Beijing Arbitration Commission website picture)
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