Administrative Discretion in the Public-Order-Related Mediation System
The public-order-related mediation as police agencies'authorized behavior aims to maintain social order,solve disputes between civilians,and replace penalty to handle public-order-related cases.It can use the theory of administrative discretion to study some issues in practice.This paper elucidates the causal elements,behavioral elements,circumstance elements,and willingness elements of public-order-related mediation so as to regulate the discretionary elements in the mediation process,and to establish the prioritized principle so as to regulate the discretionary effects in the mediation process.The premise for determining the effectiveness of public-order-related mediation is based on the fact that the case meets the four legal factual requirements.This paper,which breaks away from the traditional binary pattern and sets up a rich and diverse administrative discretion system and draws on the experience of administrative penalty discretion standards by means of procedural discretion methods to formulate substantive discretion standards for such mediation,can provide an accessible institutional breakthrough for the dilemma of the public-order-related mediation system in practice.
万方数据
维普
