Translated Abstract
Public security mediation is an important content in the law enforcement activities of grass-roots public security organs, and it is also an important means and way for public security organs to resolve civil disputes and maintain social stability. Due to its lower cost of law enforcement, and stood in the contradictions occur early, can quickly calm things down, to prevent conflicts expansion upgrades, can reduce the incidence of malignant cases in the maintenance of stable play an important role in practice. This paper studies the existing problems of public security mediation, analyzes the causes and puts forward solutions and methods, which are both theoretical and practical.
In this paper, on the basis of study of domestic and foreign related literature, first of all, the mediation of public security related theories are reviewed, and then combined with a large number of real data analysis of the present situation of using public security mediation practice, through to the county where police use public security mediation of the public security organ and the disposal of disputes of collection and research, especially the individual police station use public security mediation specific case, found that the practice of the grass-roots public security organs in the public security mediation, there are some problems in using such as shrink or expand the scope of mediation, ignore the voluntary principle and public security mediation for a long time not knot, mediation agreement at random. The causes of these problems, on the one hand, is due to the mediation of public security police grasp not applicable conditions, evidence consciousness is not strong in the public security mediation, on the other hand is due to the lack of basic principles of public security mediation, public security mediation agreement content is not standard, lack of the legal effect of the public security mediation, public security mediation relief system.
According to the above problem, this paper put forward from two aspects: perfecting legislation and standardize law enforcement to reform and improve public security mediation in the legislation, suggest to establish the basic principles of security system, standardize the content of public security mediation agreement, confirm the legal effect of the public security mediation, establish the relief system for public security mediation, etc. Law enforcement, the Suggestions from the public security mediation applied conditions accurately, standardize the mediation of public security investigation, strengthening the internal and external supervision of the public security organ, the work of the public security mediation mechanism and so on several aspects. The innovation of this paper lies in the new situation of the present practice of capturing and found that the content of compensation amount is large, such as public security mediation is invalid cause the problems such as petition, public security mediation is exposed in recent years along with the social development of the new problems, and the perspective of law enforcement and participants in the analysis, put forward its own Suggestions, more targeted and operability.
Translated Keyword
[Discretion, Mediation agreement, Public security mediation, The principle of voluntariness]
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