"big Mediation" Research Under The Background Of The Public Security Administrative Mediation

In the position for constructing of our harmonious society, bring the advantage and function of police security administrative mediation into play adequately, are both realism and theory matters for maintaining social stability. Especially, in the "Mediation" system of people mediation, court mediation and administrative mediation, public security administrative mediation play an important role in resolving the dispute and easing the social contradictions. But in practice, there are still many non-standard place and in theory there are still many gaps in our understanding about public security administrative mediation. In order to play a positive role of public security administrative mediation in the maintenance social order, on the basin of analysis of basic theoretical problem and practical problem of mediation, multipartite mediation and public security administrative mediation, this article puts forward suggestions to consummate the principle and system of public security administrative mediation according to the practical needs of public security work.This paper is divided into four parts:The first part is an overview of the mediation and multipartite mediation. In our society, mediation is an important method to handling civil cases, administrative cases and minor criminal cases. As a solution to social contradictions and disputes in the "Oriental experience""Mediation" system emphasizes on the first place of mediation in the social contradiction dispute settlement mechanism and the’Trinity’ effective coordination and cohesion between people’s mediation, administrative mediation, judicial mediation. It also means great realistic significance in effectively resolving contradictions and disputes, maintaining social stability and promoting social harmony in the new era.The second part is an overview of the police administrative mediation. Police administrative mediation include public security mediation, traffic accident mediation, light injury cases mediation and ordinary civil dispute mediation, etc. As an important part of administrative mediation, the police administrative mediation has the irreplaceable advantages and effects to promote the harmonious development of society.The third part is the problems of public security administrative mediation and the analysis of cause. China initially established a relatively complete system of police administrative mediation system, but police administrative mediation has still many problems in practice, such as police agencies can not accurately grasp the scope of mediation, the mediation departure from the voluntary principles, the mediation process is not standardized, legal consequences of administrative mediation is uncertainty, and these problems are affecting the function of mediation. The existence of these problems has close relation with the inadequacy of institutional building such as the fuzzy of current scope of application of public security administrative mediation and lack of maneuverability, absence of basic principles, the lack of clear guidelines of application, related procedures not sound, etc.The fourth part investigates the perfect of public security administrative mediation principles and system. China’s police administrative mediation is also missing some essential principles. For playing the role of police administrative mediation, we should implement the administrative mediation legal principle in administrative mediation, clear the scope of police administrative mediation, establish relative transfer or a fine principle, and strengthen voluntary principle, provide priorities principle for conciliation and establish the principles of supervision. In the specific police administration mediation practice we should set convenient and efficient mediation process, specific the effectiveness of the mediation agreement, establish the mediation agreement fails and the relief system, set up interface system with people’s mediation and judicial mediation.