法院与公安机关调解书的适用、效力及表述

On the Applicability,Efficiency and Expression of the Mediating Instruments of People's Courts and Public Security Organs

调解书的制作方法都大同小异 ,同者为正文都写案件事实和调解协议 ,写作要求相近 ;异者之一则是法律效力及其表述。而这无不受法律的制约。人民法院调解书和公安机关调解书有各自的适用范围及法律效力 ,而公安机关调解书的法律效力尤其特殊 ,故法律效力的表述不可模仿人民法院的调解书 ,“治安调解书与裁决书具有同等效力”的写法是片面的、错误的 。

The methods of compiling the mediating instruments for the people's courts and for the public security organs are mostly alike except for slight differences.Alike,because both include the facts of the cases and the mediating agreements with similar writing patterns in the main body of the texts.Different,because they are not the same in legal authenticity and the expression. Both,however,are restrained by the law.The mediating instruments for the people's courts and those for the public security organs have their own range of applicability and legal authenticity,with particular feature of the instruments for public security organs.So the expression of the authenticity should not take the form as used in the instruments for the people's courts.It is one_sided,wrong to put in the instruments such expression as 'Both the mediating instruments of public order and the adjudicating instruments are equally authentic',and that is an expression violating the law.