On the Problem of De-policing in Dispute Mediation
In the historical process of"de-policing",the tasks of the police are constantly limited and reduced.Only under the task structure of assisting the protection of private rights and preventing harm can the police intervene in private rights disputes.At present,in the system practice of dispute mediation in our country,the police power shows the tendency of active interventionism,which is manifested as the police preposition of dispute acceptance,the police power presence in the process of dispute mediation and the police authority guarantee of dispute adjudication.On the one hand,the expansion of police task in dispute mediation is due to the imbalance of resource allocation,which leads to the dependence on the path of dispute mediation.On the other hand,it is due to the homogeneity of functions between the public security organs and other mediation subjects and the heterogeneity in the process of maintaining stability.Under the guidance of the goal of building a diversified dispute resolution mechanism,it is still necessary to"de-policize"dispute mediation.The path includes taking the concept of harm as the core to achieve"de-policize"dispute mediation tasks.Take the allocation of power and ability as the starting point to realize the"de-policing"of the dispute mediation authority;With resource allocation as the guarantee,the dispute settlement platform can be"de-policized".
dispute mediationde-policingassisting private rightsharm preventionlimited police power
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