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Grass-roots Public Security Mediation System Research

Posted on:2012-01-15Degree:MasterType:Thesis
Country:ChinaCandidate:J H SuFull Text:PDF
GTID:2216330368497286Subject:Law
Abstract/Summary:PDF Full Text Request
Grassroots public security mediation as a form of administrative mediation, is our country police work is excellent tradition, by the public security organs of local police station Public Security Bureau police investigators host institution, is in fact identified, responsibility and to distinguish between right and wrong on the basis of, on a voluntary, legal principle, through equal consultation, mutual understanding give and take, in accordance with the laws, regulations and relevant policies, by persuasion and education method, prompted by civil disputes caused by violating the administration of public security are less serious cases of both parties through friendly consultations, reached an agreement to resolve the dispute and controversy, the activity. It is the contradictory dispute resolving mechanism important component and effective means, in basic public security work plays an important role in.However, in real life because of the existence of various problems, leading to our grassroots public security mediation problems, on the one hand, parties to a legal flaw, on the other hand also to the primary law enforcement personnel dispute mediation without a clear legal definition. The current base line security police mediation in reality has played the huge role, not only the amount is huge, and the broad scope of police mediation. According to the regulations, local police station mediation was restricted to the cases of public security, but also have been identified by civil disputes caused by minor public order case, but because of the people's mediation weakening and court proceedings threshold limit, a lot of contradictions and disputes all into the police, led to the police mediation involves a variety of complex social disputes. The police station is the basic unit of the administrative law enforcement departments, in mediating also appeared in arbitrarily large, normative the problem of the poor, and the laws and regulations are not clearly defined, the police station mediation in practice have a greater controversy.From the Western Police grassroots community mediation model can see, foreign police will also be a criminal investigation into a large number of community work, both domestic and foreign, the function of police is not onefold in the past criminal investigation and are converted into a service function of the government, in which the mediation at the grass-roots work gradually occupy the main work of front-line police the police, in quantity, grassroots mediation quantity occupy more than 80%. Foreign police initiative actively mediating disputes, adhere to the prevention method to deal with the disputes.Grassroots public security mediation work police also tried some improved methods, but many problems still exist, resulting in basic level public security mediation is not in the legislative perfect. In the Western police mediation basis, from the current social contradiction by the public security organs to solve quantitative analysis, public security organs need from the legislation, from the legal procedures for grass-roots public security mediation procedure, police law enforcement police need more such a rule of law to the specific operation, so the law, rule-based. In the public security organs to such mediation from the system to give full recognition, will be included in the performance evaluation standards. Encourages grassroots police actively mediating disputes. Practice has proved, in basic public security work of civil disputes, some public security cases and the slight criminal case processing, grass-roots public security mediation can play other means can not play a role, is conducive to social stability, its basic feature allows parties to reach an agreement, dispute resolution, highlight the police mediation work the functions of dispute resolution, so as to better improve the construction of social contradictions and disputes "mediation" mechanism, which is to ensure that the cause of socialism with Chinese characteristics is comprehensively coordinated the sustainable development the important content.
Keywords/Search Tags:Public security mediation, grassroots, dispute resolution
PDF Full Text Request
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