Research On Legal Issues Of Public Security Mediation Of Guiyang Public Security Organs

At present,with the rapid development of economy,the relationship between social interests is becoming more and more complicated,all kinds of new situations and problems emerge in an endless stream,and various contradictions and disputes are frequent.As the main force to maintain social security and stability,the public security organ’s function is not only to crack down on crimes with heavy punches,but also to be the irreplaceable backbone of various contradictions and disputes resolution mechanisms.As a solution to public security cases caused by civil disputes,public security mediation is voluntary,peaceful,efficient and flexible in handling cases,which meets the needs of resolving social disputes at present,and is also beneficial to improving administrative efficiency and alleviating the shortage of litigation resources.At the same time,as an important part of the current mediation mechanism,public security mediation plays an increasingly prominent role in resolving disputes,maintaining social order and building a harmonious society.However,at present,the legal regulation of public security mediation in China is not perfect,and there are some problems,such as low normative effectiveness and scattered content.From the theoretical point of view,in recent years,the research on public security mediation system of public security organs is less,and the theoretical research is not highly valued.This paper hopes to take advantage of the learning opportunities in grass-roots public security organs and participate in mediation practice personally,so as to conduct empirical research on the handling of public security mediation cases in public security organs,deeply analyze the legal problems existing in public security mediation in practice,and make some own thoughts and contributions in theory and practice,so as to further enrich the research results of public security mediation.This article is mainly divided into four parts.The first part introduces the basic situation of this investigation,and explains the reasons for choosing the investigation place,the investigation process and the investigation methods.The second part It is to analyze and sort out the data obtained from the investigation,and clarify the current types of civil disputes causing public security cases,the types of public security cases caused by civil disputes,the participants of public security mediation,the settlement rate of public security cases,the types of cases with higher and lower success rates applicable to public security mediation,the collection of public security mediation evidence and the procedure flow of public security mediation.Finally,it introduces the implementation of the new exploration of Fengqiao experience-"police-mediation docking" mode applied by grass-roots public security organs in public security mediation practice.The third part starts from the practical research of public security mediation in grass-roots public security organs,and analyzes the legal problems existing in public security mediation.First,the power of public security mediation stipulated by law is weak;Second,law enforcement officers are not sure about the scope of public security mediation;Third,there is the problem of "the same case but different sentences" in public security mediation in the practice of "police-mediation docking";Fourth,the effectiveness of the public security mediation agreement is insufficient;Fifth,there is a phenomenon of "emphasizing mediation results and neglecting investigation and evidence collection".The fourth part,based on the actual situation of public security mediation,combined with theoretical research,puts forward five suggestions for the existing problems.First,make clear the cooperative status of people’s mediation forces in public security mediation at the legal level;Second,starting from reconstructing the legislative mode of the scope of public security mediation,further clarifying the discretion standard of "lesser circumstances",and perfecting the relevant legislation of the scope of public security mediation;Third,the principle of "same case and same sentence" should be determined in the practice of "police-mediation docking" mode in public security mediation;Fourth,introduce judicial confirmation system to enhance the effectiveness of public security mediation;Fifth,starting from the establishment of reward and punishment supervision mechanism,we should enhance the awareness of investigation and evidence collection of public security mediation subjects.