The prerequisite for cases suitable for mediation in the "Public Security Management Punishment Law" is that the cause of the violation of public security management must be a civil dispute. Civil disputes refer to disputes over rights and interests between citizens arising from family, neighborhood, marriage, inheritance, support, etiquette, property and other civil relations. Mediation is not applicable to violations of public security management that are not caused by civil disputes.
Article 152, Paragraph 1, of the "Procedural Regulations for the Handling of Administrative Cases by Public Security Organs" clearly stipulates: For beating others, intentional injury, insult, slander, false accusation, and frame-up caused by civil disputes, For minor public security cases such as intentional damage to property, interference with others' normal lives, invasion of privacy, etc., if one of the following circumstances occurs, the public security organs may mediate and handle the case:
(1) Relatives, friends, neighbors, colleagues, students at school Caused by disputes between students over trivial matters;
(2) The offender’s infringing behavior was caused by the offended person’s prior wrongful behavior;
(3) Other applicable mediation It is easier to resolve conflicts. For civil disputes that do not constitute violations of public security management, the parties concerned shall be informed to apply to the people's court or people's mediation organization for settlement.
Public security cases such as making noise, sending messages, raising animals that interfere with the normal lives of others, allowing animals to intimidate others, insulting, slandering, false accusations, invading privacy, and stealing motor vehicles can also be mediated.
Extended information:
Article 9 of the "Public Security Management Punishment Law": For violations of public security management such as fighting or damaging other people's property due to civil disputes, if the circumstances are relatively minor, The public security organs can mediate and handle the matter. If the parties reach an agreement through mediation by the public security organ, they will not be punished. If no agreement is reached after mediation or the agreement is not fulfilled, the public security organs shall impose penalties on the perpetrators of violations of public security management in accordance with the provisions of this Law, and inform the parties that they may file a civil lawsuit with the People's Court for civil disputes in accordance with the law.
The security cases mediated must fall within the scope of the law. That is to say, it is a public security case that is a "violation of public security management such as fighting or damaging other people's property caused by civil disputes, the circumstances are relatively minor", and the public security organs are not allowed to mediate and handle other public security cases.
Reference materials:
Public Security Administration Punishment Law of the People's Republic of China and the People's Republic of China Baidu Encyclopedia