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治安调解制度本身的内在悖论使这一制度在立法上和实施上存在诸多缺陷,其正当性也屡受学界质疑。从行为主义法学的视角及经验研究出发,可知不同的社会群体对纠纷解决渠道的选择偏好也呈现多元性,公民需求正是治安调解正当性的基石。回应公民需求的治安调解应变更警察的治安调解权力为公民权利,以此为基础重塑治安调解的法律效力,并建立警察治安调解的内部考核机制,以保障治安调解的良好实施。
The internal paradox of law and order mediation system itself makes the system have many defects in legislation and implementation, and its legitimacy is often challenged by scholars. From the perspective of behavioral jurisprudence and empirical research, we can see that different social groups have diversified preferences in dispute resolution channels. Citizens’ demand is exactly the cornerstone of law and order mediation. Public order mediation responding to the needs of citizens should change the police power of public order to mediate the civil rights as a basis for reshaping the legal validity of public order mediation and establishing an internal assessment mechanism for police public order mediation so as to ensure the good implementation of public order mediation.