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现场治安调解是治安调解的一种简易模式,具有以治安纠纷为调解内容,以现场处警民警为调解主持人,原则上在现场进行调解,并当场发生法律效力等特点。其积极作用在于有利于把治安纠纷解决于萌芽状态,尽快促成当事人之间的和谐关系,最大限度地降低当事人解决纠纷的资源消耗,最大限度降低公安机关办案成本。在实际运用中存在违反自愿原则、超范围适用、程序瑕疵等问题,应对其适用范围、是否以查明事实为条件、法律后果以及监督机制等进行研究,以完善现场调解机制。
On-the-spot mediation is a simple mode of public order mediation. It has the features of taking public order disputes as the mediation content, taking the police as the mediation mediator on the spot, mediating on the scene in principle and having legal effect on the spot. Its active role is to help resolve the dispute between the public security and the emergency as soon as possible to promote the harmonious relationship between the parties to minimize the parties to resolve the resource consumption of disputes and minimize the cost of handling public security organs. In practice, there are problems such as the violation of voluntary principles, the application of over-range and the defects of procedures. It is necessary to conduct research on its scope of application, whether facts are ascertained, legal consequences and monitoring mechanisms to improve on-site mediation.