The Current Situation,Problems And Causes Of Public Security Mediation System ——A Case Study Of L Police Station In T City,S Province

The public security mediation system is an important law enforcement method in the public security management and punishment system,and it is also an important practice channel for the public security organs to mediate public security cases.However,some studies have shown that public security mediation does not reflect its institutional concept well in practice,and there are even institutional distortions or even alienation.According to the practice of L police station in T city,S province,the current public security mediation system can be activated on the spot after the police seek the unanimous opinion of the parties during the on-site law enforcement,or it can be activated according to the unanimous consent of the parties in the subsequent case handling process.Cases settled through public security mediation procedures have relatively simple procedures,require fewer evidence materials and types,and issue public security mediation agreements instead of public security punishments by public security organs.From the perspective of practical effects,public security mediation can better mobilize the enthusiasm of the parties to deal with public security cases caused by civil disputes with less serious circumstances,which is helpful to enhance the people’s sense of security,sense of gain and sense of justice.At the same time,the formal and informal interaction mechanism between the police power and the community can be better constructed,so as to maintain the social security order and improve the grass-roots social governance order.However,the practice of public security mediation at L police station in T city,S province also exposed the problems existing in the public security mediation system.First,the starting standard of public security mediation is ambiguous.During the implementation process,there is always a conflict between the parties’ "voluntary mediation" and the police’s power to determine whether it is "possible" to use mediation to close the case,so there may be "forced mediation" and improper expansion of the scope of mediation settlement.Second,the results of case handling by mediation vary greatly,and there may be inappropriate actions by the police to force the parties to accept the mediation results in order to improve the efficiency of case handling;third,the legal nature of public security mediation is still in dispute As a result,the public security mediation agreement is not enforceable,and it is easy to waste the police force,increase the police’s case-handling costs and the parties’ rights maintenance costs.The problems exposed in the practice of public security mediation at L police station in T city,S province are essentially due to the failure of public security mediation to better balance the two values of "fairness" and "efficiency",especially when "mediation" becomes a service for police power When the technology to facilitate law enforcement is used,the security mediation system originally aimed at restoring social relations has become a system that simply improves the efficiency of police law enforcement.The police’s use of public security mediation to improve the efficiency of case handling also has its intrinsic motivation,that is,the rapid increase in public security management affairs and the influx of a large number of disputes into the police station,resulting in insufficient police force and heavy business,and it is difficult for the police station to quickly transfer these disputes through other non-litigation dispute resolution mechanisms..At the same time,the fact that the mediation system focuses on fairness rather than efficiency determines that it will consume high labor costs in the process of execution.When the police fail to fully master the mediation skills,it may lead to the situation that the case is not resolved.In the pursuit of efficiency The bureaucracy brings negative evaluation to itself.In response to the above situation,we can propose a plan for optimizing public security mediation from the following three aspects: First,improve the working mechanism,incorporate public security mediation into the performance appraisal mechanism and strengthen law enforcement supervision at the same time;second,improve public security mediation and other non-litigation dispute resolution The connection of the mechanisms,through the linkage between the dispute mechanisms,to quickly deal with the relevant public security cases;the third is to improve the mediation skills of the people from the ideological and business levels.