Public Security Mediation Legal System Research

Public Security Mediation is an important task of law enforcement, maintaining social stability, unity, and plays an active role in promoting social harmony. Our current legal system of Public Security Mediation include of a series of provisions of laws, administrative regulations, administrative rules. Overall, the legislation of the Public Security Mediation legal system more completed. Relatively complete in the current legislation on the basis of the specific application of the above-mentioned laws and regulations of law enforcement practice has become an important factor in the security mediation system can run well. The perfection of the legislation is not equal to the improvement of the law enforcement. Of administrative law enforcement practice, Public Security Mediation legal system, there are still some problems to be solved. At present, scholars or practitioners focus on our Public Security Mediation System Problem and Its Solution has a lot of discussion in which many useful ideas. I combine their own practice and drawing on previous studies scholars, the problems of China’s Public Security Mediation system and improve some of the humble opinion. In order to give Public Security Mediation law enforcement practice guidance.The article text is divided into four chapters. The first chapter is an introduction, introduces the research background and significance of the legal system of Public Security Mediation Research article. The second chapter is the basic theory of Public Security Mediation legal system, including the following four aspects:the connotation of security mediation, legal basis, the applicable conditions and principles. The article focuses on Chapter III and Chapter IV. Chapter III of the methods of empirical research and analysis, in practice the main existing problems:First, expanding or narrowing the scope of mediation law and order, abuse of discretion by the two typical cases reflect China’s Public Security Mediation system; mediation agreement is not legally binding force; inadequate investigation and evidence collection. Innovative ideas of Public Security Mediation system problems, the article reflects the police in the following two points:First, in practice easy to confuse understanding and mediation will not meet the conditions of the security mediation cases settled through mediation. Scene Public Security Mediation and Public Security Mediation compared to the more simplified the procedure is reasonable and legitimate. However, the adequacy and necessity of the investigation and evidence collection requirements are the same. The practice of law enforcement, investigation and evidence collection is not sufficient, affecting the efficiency of handling the case. Chapter IV solves the above problem to a corresponding improvement measures. Alpha First, to strengthen Public Security Mediation oversight mechanisms, clear specific legal meaning of the term, the distinction between understanding and conciliation, limiting police discretion; is to give law and order in the mediation agreement the validity of the contract, the parties may not go back easily; to overcome a variety of objective and subjective reasons splay the initiative of the police to follow the mass line, improve the investigation and evidence gathering. Which measures depends on the further improvement of the legislation. Measures and measures for the three measures is primarily applicable to the enforcement of Public Security Mediation practice has a strong operational and feasibility believe we can play a guiding role for the majority of police enforcement activities.