Study On The Legal Effect Of Public Security Mediation

In recent years,with the continuous transformation and upgrading of China's economic system,accompanied by increasingly prominent social contradictions,the public security mediation system has been adopted in a growing proportion by the public security organs when dealing with minor violations,since it works to avoid the consequences of administrative punishment imposed on offenders.However,since its implementation,its legal effect has yet to be seen and the system could hardly be enforced,both features of which have prevented the mediation system from playing its due role.This thesis strives to design a system from perspectives of both theory and practice,in order to improve the current situation of insufficient legal effect of public security mediation.The first chapter discusses the concepts,features and other legal attributes of public security mediation as well as the internal logic of its practical application.Chapter two analyzes the present situation of relatively weak legal effect of public security mediation.The third chapter continues to analyze the necessity and practical significance of improving its legal effect from aspects including improving the status of public security mediation,improving the law enforcement efficiency of public security organs,establishing public security organs' credibility and implementing the principle of trust protection.The fourth chapter,by reference to the legal effect of other domestic mediation systems currently in effect,puts forward the following two solutions in order for the legal effect of public security mediation to find a way out in existing framework of rules.One is to endow the legal effect of civil contract law to public security mediation by means of its contractuality.The other is through post-reinforcement of judicial confirmation process.The fifth chapter further regulates two categories of mediation procedures utilized by publie security organs.One category relates to proeedures that if violated,will inevitably lead to invalidation of the mediation agreement,such as lack of thorough investigation and evidence collection before mediation,and no follow-up or supervision on implementation of the mediation agreement.The other eategory involves proeedures that technically guarantee the acceptability and performance of the mediation agreement.For example,administrative eonfirmation procedures should be designed to regulate the investigation and evidence collection processes carried out by public security organs.Finally,professional skills of public security mediators are discussed,which also require serious improvement.The end of the article focuses on both administrative and social supervision systems on public security mediation.It is proposed that supervision systems should be further improved to endow public security mediation with mandatory legal effect.