行政治安调解的反思与完善

治安调解属于行政调解,是中国法治建设的本土资源,具有诉讼等纠纷解决手段所不具备的优势。在功能上,行政治安调解具有密切警民关系和加强社会控制的功能。在规范上,行政治安调解以《中华人民共和国治安管理处罚法》为法律依据,并以公安部颁布的其他文件为依托。行政治安调解在性质上为行政相关行为,不具备可诉性和可复议性。行政治安调解制度本身的内在悖论使这一制度在立法上和实施上存在着诸多缺陷,在分析此问题基础上对行政治安调解的受案范围、调解程度及监督机制等方面提出相应改革和完善建议。

Rethinking and Re-construction of Administrative Public Security Mediation

Public security mediation belongs to administrative mediation, and is the indigenous resource of rule by law construction in China, which has the advantages that suit hasn’t. In function, Administrative public security mediation has the function of closing relationship between police and people and strengthening social control. In standard, Administrative public security mediation takes Public Security Management Punishment Law of P.R.China as legal basis, the documents of The Ministry of Public Security of P.R.China as support. The characteristics of administrative public security mediation is relative administrative behavior, and has no the characteristics of suit and reconsideration. The internal paradox of administrative public security mediation system makes itself has many defects in legislation and implementation. On the basis of analyzing the problems, relative reform and perfection suggestion should be brought up in scope of administrative public security cases to be accepted by the court, mediation procedure, supervision mechanism and etc.