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How to optimize the traditional model of self-reconciliation between parties and single mediation by judges in minor criminal cases? How to integrate people’s mediation with criminal reconciliation throughout the entire process? How to expedite the "self-healing" process for social relations disrupted by crimes? How to provide the more accessible and effective integrated mediation for minor injury and other criminal cases, making judicial work more impactful, more distinct and more authentic?
On April 16, 2025, the Shanghai Songjiang District People's Court (hereinafter referred to as "Songjiang Court") held a press conference to release the White Paper on Integrated Mediation of Minor Injury Cases (2023-2024) (hereinafter referred to as "White Paper”), along with typical cases, actively addressing the aforementioned issues.
This press conference marked the sixth in the series titled “Promoting Justice, Making an Example—Further Advancing the Modernization of Shanghai Courts’ Work”.
Gong Wen, Member of the Party Leadership Group and Vice President of Songjiang Court, and Hu Xiaohui, Chief Judge of the Criminal Division of Songjiang Court, attended the press conference and answered questions from the media. Shi Xiaoping, member of the Party Leadership Group, director of the Political Department, and spokesperson of the Songjiang Court, hosted the press conference.
Innovate Working Mechanisms and Jointly Establish the "Integrated Mediation Center"
To address both crime governance and crime prevention, and to promote the principle of giving equal importance to crime governance and crime prevention, Songjiang Court collaborated with the district procuratorate, public security sub-bureau, and judicial bureau to establish Shanghai's first "Integrated Mediation Center for Minor Injury Cases" (hereinafter referred to as "Integrated Mediation Center"). The integration of people's mediation into criminal reconciliation effectively resolving grassroots conflicts and mitigating secondary risks. This mechanism has been recognized as one of the top ten model cases/events of whole-process people's democracy in the judiciary practice by the Shanghai Municipal People's Congress, and selected as an outstanding case of legal system construction in Songjiang district. It has also been promoted as one of the first 20 innovative projects by Shanghai courts.
According to the White Paper, Songjiang Court, together with the district procuratorate, public security sub-bureau, and judicial bureau, has developed a comprehensive, tired processing and a step-by-step filtering mechanism for minor injury cases (including certain criminal cases with civil public interest litigation). Since the establishment of the Integrated Mediation Center in May 2023, a total of 331 minor injury cases have been successfully mediated. Among them, 89 (including some criminal cases with attached civil public interest litigation) were mediated at the trial stage with involvement of judges and mediators, involving four types of offenses: 70 cases of crime of intentional injury (79%), 7 cases of crime of picking quarrels and provoking troubles (8%), 6 cases of crime of illegal medical practice (criminal cases with civil public interest litigation) (6%), and 6 cases of crime of infringement upon citizens' personal information (criminal cases with civil public interest litigation) (6%).
According to the White Paper, the 89 minor injury cases (including certain criminal cases with civil public interest litigation) heard by the Songjiang Court exhibited three characteristics and difficulties. The main characteristics of the case hearing are as follows: First, the incidents were often accidental in nature, with limited social harm; Second, the facts of the cases were relatively clear, and the trials were generally short in duration; Third, there was a marked tendency toward lenient sentencing, with relatively mild penalties imposed. There are also three major difficulties in hearing such cases: First, the compensation rules require further refinement, and mediation often depends on personal capabilities; Second, there are divergent expectations between the parties due to the cognitive bias in terms of the understanding of the extent of leniency; Third, excessive claims for compensation significantly hinder the effectiveness of mediation.
Refine Mechanisms and Give equal importance to Crime Punishment and Crime Governance
The White Paper summarizes and reviews the practices related to the innovative integrated dispute resolution mechanism proposed by the Songjiang Court in the hearing of minor injury cases since May 2023.
I. Upholding the Principle of Leniency and Severity, and Innovating Dispute Resolution Mechanisms
Songjiang Court has adhered to the principle of giving equal importance to handling cases in accordance with the law and resolving disputes. It has also strengthened the awareness of “settling disputes and conflicts”, explored an integrated case handling mechanism for minor injury cases, and took the lead in coordinating with the district procuratorate, public security sub-bureau, and judicial bureau to co-sign relevant documents, including the Application for People’s Mediation, Contact Letter for Transfer of Criminal (with Civil) Cases to People's Mediation, Notification of Case Referral to People’s Mediation, Feedback Letter on Mediation Results, and Confidentiality Agreement. These efforts further enhanced the standardization and operability of mediation referrals. Mechanisms such as joint mediation, consultation and coordination meetings, and legal reasoning sessions have been established, resulting in a clear and effective resolution of disputes. In 2024, the criminal case mediation rate of the Songjiang Court reached 64.44%.
II. Promote Internal and External Collaborative Mediation and Advance the Integrated Mediation System
Songjiang Court, in collaboration with the district joint people’s mediation committee, the mediation studio stationed at the procuratorate, and the mediation rooms in various subdistricts and towns, selected several people’s mediators with rich mediation experience in the field of civil compensation to join the Integrated Mediation Center. These mediators were assigned to handle minor injury cases and explored the involvement of aid lawyers or duty lawyers in mediation to form a collaborative mediation force. Since 2023, through the Integrated Mediation Center, eligible victims of intentional injury cases have been assisted in applying for legal aid, with legal aid lawyers jointly participating in the mediation process. This has effectively reduced the divergence between the parties and facilitated the meditations. On this basis, the Court has also improved the overall mediation capacity and effectiveness by organizing theoretical seminars, special lectures, and special forums in cooperation with universities.
III. Focus on Substantive Dispute Resolution and Ensure Case Closure and Dispute Settlement
Songjiang Court, together with the district procuratorate and public security sub-bureau, has a clear grasp of the criminal policy of balancing leniency and severity, distinguishes cases to make decisions such as non-filing, conditional non-arrest, conditional non-prosecution, and lenient sentencing, striving to achieve both case closure and social harmony. The Court has expanded the scope of meditation cases and extended the impact of mediation effects. Since 2023, a total of 19 cases of crime of intentional injury, including crimes of picking quarrels and provoking troubles, and criminal cases with civil public interest litigation, such as illegal medical practice, and infringement upon citizens’ personal information, have been incorporated into the integrated mediation procedure. Additionally, the Court has placed emphasis on issuing judicial recommendations related to industry regulation and public security governance, aiming to achieve a governance effect of “hearing one case, governing one district.” It has also summarized commonly used mediation methods and guided local village and neighborhood committees in participating in dispute resolution.
IV. Extend Judicial Functions in Multiple Dimensions and Giving Full Play to the Role of Legal Protection
Songjiang Court has combined judicial assistance, governmental aid, and social support to carry out multi-faceted relief efforts, demonstrating the judicial sentiment. In 2024, judicial aid has be provided to three eligible victims whose personal rights and interests have been damaged. The Court also conducted follow-ups through phone calls and home visits to prevent “surface reconciliation, underlying hostility, and recurrence of conflict.” Legal education has been regularly conducted in diverse formats and from multiple perspectives to expand the influence of the court’s hearing. Since 2023, young judges have conducted 23 legal publicity sessions in communities, universities, subway stations, etc., and held 8 public legal education lectures, based on the effectiveness of mediation.
Improve Institutional Rules to Achieve Case Prevention and Governance
To effectively integrate punishment and governance, promote the modernization of criminal adjudication, and realize the organic unity of law-based punishment and crime prevention, the White Paper puts forward three recommendations:
I. Continuously Update Judicial Concepts and be Committed to Substantive Dispute Resolution
It is essential to firmly establish the judicial concept of “hearing one case, governing one district.” Courts must not only ensure that crimes are punished in accordance with the law to prevent the occurred crimes, but also enhance the proactive governance to prevent future problems. This approach has promoted a shift in criminal trials from reactive punishment to proactive prevention. While cracking down on crime, courts shall fully provide relief for damaged legal interests, eliminate potential social risks, and resolve social conflicts to maintain social stability and promote harmony. The principle of prudent punishment should be upheld: to be lenient where appropriate and strict where necessary, balancing leniency and severity to ensure proportionality in punishment. Courts should also be capable of accurately identifying widespread social issues reflected in individual criminal cases and promoting the organic combination of general and special crime prevention.
II. Improve the Rules of Adjudication and Implement Orderly Sentencing
Attach great importance to the consistency of similar case judgments and the uniform application of the law, and focus on the organic unity of the political, legal and social effects of criminal judgments. By optimizing the multi-level approaches to handling criminal cases, improving the lenient treatment rules in accordance with the law, detailing sentencing standards that reflect degrees of severity, etc., individual case rulings can be integrated into the guidance of similar cases and core social values can be led through the adjudication process.
III. Adhere to Judicial Coordination and Promote Crime Prevention
We shall enhance judicial coordination and systemic governance through the issuance of judicial recommendations and targeted legal outreach. It is also necessary to conduct in-depth analysis of the root causes giving rise to various social conflicts and disputes, make joint efforts and front management, and build a unified front end management to develop to a comprehensive social governance framework characterized by joint contribution, shared responsibility, and mutual benefits.
The White Paper also issued five typical cases from minor injury cases (including certain criminal cases with civil public interest litigation) heard by the Songjiang Court from 2023 to 2024. These cases illustrated the court’s approaches to resolving disputes and aimed to provide effective guidance for further exploring mechanisms that giving equal importance to crime punishment and crime governance in criminal proceedings.
Comments from Representative Committee Members
Yang Lingzhi, Deputy to the Shanghai Municipal People’s Congress
The rule of law is the cornerstone of modern social governance, and the judicial trial is also an important part of social governance. The handling of crimes must achieve both effective punishment and effective prevention. Songjiang Court has established and improved an Integrated Mediation Center for Minor Injury Cases, effectively coordinating the mediation resources of public security, procuratorate, judiciary, and justice departments. By upholding the principle of giving equal importance to crime punishment and crime governance, the Court has advanced the substantive resolution of conflicts in minor injury and similar cases. It is conducive to eliminating social risks, mitigating social conflicts, and standing as an innovative mechanism in advancing sound law and effective governance.
Pan Feng, Member of the Songjiang District Committee of the Chinese People’s Political Consultative Conference (CPPCC)
This press conference presented data, cases, measures, and innovations, fully demonstrating practical approaches to giving equal importance to crime punishment and governance in the handling of criminal cases. Social governance is a highly systematic task that requires the establishment of a governance pattern supported by legal protection, social collaboration, and universal compliance with the law. The White Paper shows that the Integrated Mediation Center established by the Songjiang Court has effectively consolidated mediation resources of relevant institutions, set up mediation procedures and norms, and provided a standardized and transparent platform for the resolution of minor injury cases. This enables the one-time resolution of disputes and exemplifies a vivid practice of the “Fengqiao Experience” in the new era of criminal justice development.
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