Research On The Legal Effect Of Public Security Administrative Mediation

Police administrative mediation refers to the non-coercive form of administrative actionwhich is under the auspices of the public security organ.In the mediation process,the policemen help the parties reach an agreement voluntarily and eliminate disputes through persuasion and education within the scope of their statutory functions and powers.Police administrative mediation behavior and mediation agreement are related.Police administrative mediation behavior is the premise and mediation agreement is the carrier of mediation behavior.In reality,the legal effect of police administrative mediation is limited by the insufficient supply of laws and regulations,the unclear scope of mediation,the lack of rigorous evidence discovery procedures and the absence of supervisory mechanisms.These limitations lead to some problems in the practice of mediation: the performance of the conciliation agreement is not guaranteed,the mediation agreement reached is not recognized in litigation,the mediation agreement was revoked because the mediation was illegal.The ancient government’s self mediation and official approval poll laid the cultural foundation for Chinese official mediation of disputes,which are connected with the police administrative mediation.Different modern countries have different content in the methods of police mediation of disputes,the legal effect of police mediators’ opinions,and the effectiveness of mediation agreements.Police administrative mediation is legally binding,relying on the authority of public security organs,cultural traditions and mass foundations.In other words,it has the characteristics and functions of soft law.From the perspective of typology,police administrative mediation has different legal effects in different types of dispute mediation.From the perspective of stages,the logic of police administrative mediation’s functions in the four stages of mediation negotiation(or rescind),reaching a mediation agreement(or rescind),performing a mediation agreement(or rescind)and completing performance(or rescind)are also different.Improving the legal effect of police administrative mediation is of great importance to promote the governance of lawsuit sources,maintain the authority of public security,improve the quality and effectiveness of social governance,and promote the maximization of citizens’ interests.It is necessary to construct the legal system of police administrative mediation,clarify the nature and binding force of civil contracts of police administrative mediation agreements,bridge the judicial confirmation procedure,and improve the methods or mechanisms of public security administrative mediation supervision and relief.These methods ensure the more effective implementation of police administrative mediation and give full play to the greater effectiveness of police administrative mediation in social governance.