Research On Police Administrative Mediation System

In recent years with the transition of our society, police security administrative mediation becomes an important means to dispute resolution and ease social conflicts.But in practice there are still many non-standard place and in theory there are still many gaps in our understanding about public security administrative mediation.In order to play a positive role of public security administrative mediation in the maintenance social order, on the basin of analysis of basic theoretical problem and practical problem of public security administrative mediation, this article puts forward suggestions to consummate the principle and system of public security administrative mediation according to the practical needs of public security work.This paper is divided into four parts:The first part is an overview of the public security administrative mediation. Public security administrative mediation promotes both parties to consult equally to reach a conciliation agreement to resolve disputes with a voluntary basis in accordance with relevant laws and regulations through persuasion and education methods.Police administrative mediation is a non-litigation relief means, but it has the authoritative, professional advantage, and help resolving social conflicts,promoting social harmony, saving judicial resources and create "service-oriented government.'The second part analyzes the application scope and principles of public security administrative mediation. There are still many controversial issues about application scope and principles of public security administrative mediation in theorists. In practice the public security administrative mediation chiefly includes public order mediation, traffic accident compensation dispute resolution, mediation cases of light injuries, and even ordinary civil disputes mediation and so on. But the the application scope could not be indefinitely expanded in police enforcement work of law. Some principle of public security administrative mediation reflected in our current legislation plays a certain role in practice, but have yet to be sound and perfect.The third part is the problems of public security administrative mediation and the analysis of cause.China initially established a relatively complete system of police administrative mediation system, but police administrative mediation has still many problems in practice, such as police agencies can not accurately grasp the scope of mediation, the mediation departure from the voluntary principles,the mediation process is not standardized, legal consequences of administrative mediation is uncertainty, and these problems are affecting the function of mediation.The existence of these problems has close relation with the inadequacy of institutional building such as the fuzzy of current scope of application of public security administrative mediation and lack of maneuverability, absence of basic principles, the lack of clear guidelines of application, related procedures not sound, etc.The fourth part investigates the perfect of public security administrative mediation principles and system. China's police administrative mediation is also missing some essential principles.For playing the role of police administrative mediation, we should implement the administrative mediation legal principle in administrative mediation, clear the scope of police administrative mediation, establish relative transfer or a fine principle, and strengthen voluntary principle, provide priorities principle for conciliation and establish the principles of supervision. In the specific police administration mediation practice we should set convenient and efficient mediation process, specific the effectiveness of the mediation agreement, establish the mediation agreement fails and the relief system, set up interface system with people's mediation and judicial mediation.