Study Of Application Of Civil Law Idea In Security Mediation

Handling disputes by the police at the basic level is one of the most common police activities. The mostly used mean to pacify the conflicts and disputes is security mediation. According to the regulations of application scope of the security mediation in "Law of the People’s Republic of China on the Penalties for Public Order Administration ","Enforcement Rules of Public Security Organs","Regulations on Administrative Cases’Investigation Procedure of Public Security Organ " and "Norms of Mediation Work in Public Security Organs ", the public security organ could conduct mediation to the public security cases that have relatively minor circumstances, such as beating up others due to civil disputes, or interfering with other normal life and so on. In practical work, despite a lot of time and human resources of the public security organ being spent on the security mediation, the effects leave much to be desired. Some cases can’t be mediated successfully, and some cases recur despite of mediation, even become criminal cases. To some extent this situation may be attributed to the imperfection of relevant laws and regulations or lack of job responsibility of the police at the basic level. But the author holds that the main cause of low mediation efficiency is the lack of corresponding guiding idea. This paper tries to introduce the civil law idea into security mediation as leading principle idea to develop the more efficient security mediation, and even to offer help to the public security practice.In this paper, through analyzing connotation and extension of security mediation and civil law idea, the applications of civil law idea in security mediation are evaluated and some exiting problems are found out with speculative theory research methods. And the practicability of introducing the civil law idea into security mediation is demonstrated fully.This paper includes four main parts except for introduction and conclusion. The first part gives the meaning of security mediation, applicable scope and conditions, principles and problems, and the meaning of the civil law idea, nature and contents. Although the concepts of security mediation and civil law idea are frequently used in daily life, for most people these two concepts are usually not understood exactly, through the explanation in this part, these two concepts are made more specific. The second part discusses the significance of introducing the civil law idea into security mediation. Along with legalization advancement in our country, the private law has gradually penetrated into public law culture. In the field of public security administrative enforcement of law, security mediation becomes more and more important, in this section the practicability and application value that the civil law idea is used to the work of security mediation is demonstrated adequately. The third part analyzes the present problem that the civil law idea is applied security mediation, try to find out the main problems existing in the actual work, and propose the solutions. In the fourth part, combined with the relevant requirements of public security mediation, the attempts are made to introduce the civil law idea into the security mediation work in two specific kinds of cases, and by analyzing the advantages, the rationality and feasibility is illustrated.