Improving Public Security Administrative Mediation System in China

Abstract

Public security administrative mediation is an important part of Chinese administrative legal system. It plays an important role in maintaining social order and stability, and preventing and resolving social disputes. A positive attitude by public security authorities towards social disputes is very important, while if public security authorities use its power to lead mediation to a certain way, or force mediation onto the disputants, the impacts can be quite negative. Public security should use administrative mediation on a wide range of civil disputes, and regulate the use of mediation through the establishment of appropriate procedures and disclosure of information and process related to the mediation. The court should also strengthen its monitoring and oversight of administrative mediation. Rather than reviewing the specific disputes that were mediated, the court should focus on whether mediation was conducted under the free will of the disputants, whether mediation results reflect an agreement by the disputants, whether mediation was carried out according to legal procedures, and whether mediation results were detrimental to public interests or the lawful interest of
others.