Research On China's Public Security Mediation System

The introduction of mediation system to handle public security cases and has significantly improved and harmonized the relationship between public and private rights.Through a reasonable division of specific administrative cases,it not only ensures a fair outcome of the process,but also encourages both parties to negotiate and reach a mediation agreement to ensure that necessary solutions can be taken effectively in time afterwards.China is currently in a period of economic transition,and it is also a period when prominent contradictions are rising.As people's incresasing consciousness of citzen's right and the slow transition of administrative power is in great contrast,when public security organs face increasing number of public security cases,they must ensure the timely handling of cases and the realization of fairness and Justice.Such contradictions in the new period is coming up in more diversified forms and with more complicated precipitating factors.As a typical non-judicial dispute resolution mechanism,the mediation system plays an important role in maintaining social order and promoting social harmony.On the one hand,the mediation system actively responds to the tide of the global non-litigation dispute resolution mechanism.On the other hand,it has actively promoted the localization and modernization of Chinese laws.Particularly in the face of heavy and cumbersome lawsuits and disputes,the mediation system encourages public security agencies to guide and involve both parties when handling cases,which is of great significance in promoting the development of democratic politics.In practice,due to the lack of systematic regulations,the mediation system of public order is facing increasingly complicated situations,and examination of the current operation status in China has not provided timely support for the system.Regarding the mediation system of public security,the basic concept is unclear and the scope of application is ambiguous.It exists in the law but meanwhile it confuses the public security policemen theoretically.In fact,the practice of handling public security cases is usuallymixed with that of criminal cases.The demotion of criminal cases is applicable to the handling of public security cases.The procedures of mediation still need to be improved in the law,especially the fixed evidence and prior notification obligations.Police officers of public security organs are more likely to be arbitrary in the handling of related cases,thus to ensure that mediation within the law can be reasonably conducted will be an important node in guaranteeing the realization of the superiority of public security mediation system.To perfect our mediation system for public security,we need to clarify its basic concepts,especially regarding the scope of mediation and acceptance of cases,which involves the streamlining and diversion of cases and guarantees the definitive guidance function of the law.There is not much theoretical controversy between public security cases and criminal cases,but to guarantee the reasonable use of police power requires internal supervision from strong powers and the supervision from superiors,by clarifying their illegal responsibilities.To handlemediation cases it is nesessary to inform the enforcers with a reasonable duty,so that they can truly fulfill their responsibilities,and promptly fix on-site evidence and file management.Regarding the arbitrariness of police mediation,an administrative discretionary theory will be introduced to ensure that the mediation system can achieve its unification of positive legal and social effects.