The Legislative Perfect Mechanism And Of Public Order Mediation

With the improvement of reform of socialism economic and political system, in present our country is in the period of social and economic rapid development, so the relationship is on the complex state among social subjects, and various ideas and interests sharply collide. The disputed subjects, content and forms are more variegated,and the aspects induced by disputes are more complicated. The public order mediation, as an important part of the diversified system of dispute settlement,has played a irreplaceable part in defending public order and boosting stability and unity by its intrinsic characteristic and specific advantages.the public order mediation began from the the foundation of new China, which adapts to the environment our country’s politics,economic and society, and conforms to the trend of ADR of the times. Until now, the public order mediation gradually reaches perfection,but it still has some problems. I will deliver some suggestions,combined with my working practice of public security and aimed at the disadvantages of the public order mediation in our country,in order to the development and perfection of the public order mediation in our country.This paper divide into four chapters. The first chapter focuses on the basic principles of the public order mediation, it starts from its concept and expound its background, concept, property, characteristic, value, legal accordance and the difference with other methods of dispute mediation. The second analysis the applied scope condition and principles of the public order mediation, and analysis public cases which are not clear of its facts,but the agents want to mediate. The third chapter points out the malpractices on legislation and law enforcement practice of present public order mediation. The legislation falls short of being not have the enforceability of the agreement of the order mediation and lacks of the system of the supervising salvation of the public order mediation; the law enforcement falls short of abusing of discretionary right, extensive expansion of the order mediation and violating the principle of voluntariness. The forth chapter delivers some advices to perfect the public order mediation.firstly we should explicit the enforceability of the agreement of public order mediation, secondly we should build and perfect the system of investigating salvation of public order mediation. At last we should integral the systems of mediation,make full use of mediating resources,and carry out the organic connections among the systems of public order mediation,people’s mediation and judicial mediation.