治安调解有关问题探析

An Analysis of the Public Order Conciliation Problems

治安调解是公安机关处理因民间纠纷引起的情节较轻的违反治安管理行为的一种方式。虽然相关法律规范对治安调解的规定较以前具体,同时在构建和谐社会大背景之下也有更多的学者予以关注,但由于法律规定的缺失,在理论研究上、实践中仍在民间纠纷的界定、调解适用的对象、情节较轻的把握、“公安机关可以调解处理”的理解等诸问题上存在模糊认识。探究分析之,对推进理论研究、指导实践有着重要的现实意义。

The public security mediation is a way to deal with light plot cases which violate the public security administrative regulations because of the civil disputes by public security organ. Although the definition of public security mediation stipulation is described in a more detailed way by other related laws, and simultaneously more attention has been given under the harmonious social by many scholars, but as a result of the legal rules defects, in theoretical research, in real practicing there are still some blurred conceptions in the civil disputes limits, the objects of mediation, how to estimate cases, and the understanding of ＂the public security organ is allowed to mediate＂. It is of great significance to research and analyze all these, because this will advance theoretical research and instruct real practice.