Study On Police Administrative Mediation System

Police Administrative Mediation, as a means by public security department to appease dissension and reduce contrary, is a specific situation in administrative mediation as well as an important part in administrative mediation system. However, there exists a good many of problems for police administrative mediation in actual judicatory practice, such as lacking of uniform criterion, insufficient exertion of its functions and effectiveness, inconsequence of its scope and principle, non-standard of its procedures and distemperness of its supervising mechanism. All of these issues are closely related to their specific applications in practice, thus, they have arisen the attention of jurisprudential circle. In order to make police administrative mediation system more perfect, this thesis is going to talk about this issue mainly through four parts.Part one is the brief introduction of administrative mediation system. In this part, the definition, characteristics and functions of administrative mediation are firstly introduced. Then, the author makes a comparison among administrative mediation, people mediation, arbitration mediation and court mediation from the perspective of their presiding organization, their own characters, mediation boundary, their suitable processes, effectiveness of their agreement, etc. A further comparison is made among foreign administrative mediation system, such as French mediation commissioner system and American Alternative Dispute Resolution Act (ADR). Then, the author comes to a conclusion: administrative mediation is also applicable for Chinese administrative disputes, be provided with two conditions. First, administrative disputes must be the administrative case with specific administrative illegal or unmerited behavior. Second, the administrative case must be the specific administrative actions not concerning with public interests.Part two is about the connotation of police administrative mediation system. Through studying administrative mediation, the author deduces the definition, characteristics and functions of police administrative mediation. Police administrative mediation is an important composing part in administrative mediation system. It is taken place under the presiding of public security department that follows the manner of convincing and instruction and according to the laws and rules of police administration, whose purpose is to resolve the disputes happening during the process of police administrative management. Administrative mediation is a non-proceeding mediation activity, whose agreement is achieved by the two disputed parties on the basis of understanding and forgiving from their free will. Besides possessing the common properties and functions of administrative mediation, police administrative mediation also has its own specific ones. Its properties include that it is taken place under the presiding of public security department; it aims at settling the civil disputes happening during the process of police administrative management; it is mediated through the manner of convincing and instruction; the two parties follow their free will; it follows the laws, rules and regulations of police administration; it is a non-proceeding mediation activity, which is not the final means of resolving disputes; it will not lead to administrative re-argument and administrative law suiting. Police administrative mediation will play a positive role in maintaining harmonious order, filtrating and diffluent the increasing public security cases, and lessen large numbers of civil-to-criminal cases; it will also save time and reduce costs in dealing with disputes. Since police administrative mediation is extremely feasible, it is propitious to realize justice, enhance the function conversion of government, build a government serving for people and demonstrate people's self-control principle. Police administrative mediation will also play a positive role in reducing the contradictions among people and maintaining harmonious social order and peace.Part three is the existing problems in police administrative mediation system. Firstly, it lacks legal criterion, which is represented in entities. Specifically, the mediation scope is rather ambiguous and narrow. As a result, it is very difficult to decide what kind of situation should be mediated and it doesn't distinguish the properties of mediated case. As to procedures, police administrative mediation lacks related regulations and clear requests and time limit on mediating procedure. The mediating place is not prescribed either. Furthermore, there exist the following illegal phenomenon in practical operation of police administrative mediation: the mediating scope is enlarged; too much free judging rights are owned by public security department; principle of willingness is neglected in mediation; the mediating paper is not uniform and standard; some cases are both mediated and punished; the situation is not properly dealt with when the parties regret on the contents after being mediated by police administration. Lastly, there are a good many of uncertainness in the legal responsibilities taken by police administrative mediation. Sometimes the legal outcome of police administrative mediation is unclear and lacking of compulsion, so that going against to increase the efficiency of administration and executing laws.Part four is about the perfection of police administrative mediation system. At first, police administrative mediation aims at seeking justice and righteousness, balancing conflict of interests and resolving disputes and realizing the parties'freedom maximally. The standpoint of police administrative mediation is to conciliate two parties'contradictions so as to prevent extending disputes. Secondly, the rigidity and flexibility of legal rules should be coordinated properly. We should also identify a clear scope and standard for mediating case, establish a complete mediating procedure and re-make the mediating principles in order to improve case handler's understanding on mediation, increase their working efficiency and properly choose and carefully use police administrative mediation. At last, the legal rules about police administrative mediation should also be made perfect, in order play its effects maximally. The author thinks that willingness, justices and justness, legality, punctuality, and honesty should be established as the principles of mediation through the means of legislation. Meanwhile, the dealing scope, operation procedure should be standardized and the legal responsibility of public security department should be further identified in police administrative mediation. In author's opinion, the following procedures should be followed in police administrative mediation: first to accept and hear a case and put it on record; then to investigate and get evidence; next to inform and organize mediation; then to identify compromising agreement; at last to settle the mediation time limit and times.Police administrative mediation is neither an administrative punishment nor possesses compulsion power. However, its adopting ratio exceeds public security sanction, police punishment and other means in actual law executing practice. The reason is that it is not only the representative of legal department's dealing with cases themselves, but more importantly, it respects the will of two parties and protects their legal rights and interests.