Is it legal for a police station to conduct the following acts in general civil dispute mediation?

1. If it is true, it is not legal, because civil disputes are internal contradictions among the people.

2. If the police station does this, I suspect that yours is not in civil mediation, right? Is the case decided, and then a mediation measure is taken?

If not, you can file a lawsuit with a higher public security organ through an administrative lawsuit. Or the courts.

It's okay to mediate and you can't take coercive actions, let alone beat and detain the parties! You can file a lawsuit with the higher authorities of the police station and the people and conduct an administrative lawsuit!

Can this be called civil mediation? Mediation is on the basis of equality, and this is not equal at all... You can go to court to sue or go to the prosecutor's office!! ~

One side of the word, not to believe!

Step 1: You can directly call 110 to complain**.

Article 43 of the Law of the People's Republic of China on Public Security Administration Punishments: Whoever assaults another person, or intentionally harms the body of another person, is to be detained for not less than 5 days but not more than 10 days, and fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.

1) Gang up to beat or injure others;

2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60;

3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.

The police can't hit people either. The same crime.

1.Regarding the determination of the crime of extorting confessions by torture.

The so-called extortion of confessions by torture refers to the use of corporal punishment or disguised corporal punishment by judicial personnel against [criminal suspects or defendants] to [extract confessions].

In this case, you are not a criminal suspect, and you were not beaten for the purpose of confession, so it will not constitute torture to extract a confession, but it should be intentional injury.

2.Ask and fight at the same time? Or civil mediation?

However, such an act meets the constitutive elements of intentional injury, and if it reaches a slight injury, then it is the crime of intentional injury.

3.When I asked them why they beat me, they said, "I didn't beat you, I was so angry that I wanted to kill them."

The quality of the public security and the legendary chengguan have a fight, if you don't experience it personally, probably you can't understand why someone went to the public security bureau to retaliate.

Closer to home, do you have evidence that they beat you, it's hard to do without any evidence.

4.After n hours they let me go.

Please ask if there are any formalities when they arrest you, such as showing your identity by presenting your documents, showing a custodial summons, detention and arrest, or other legal certificates. If there is nothing, it is illegal again.

5.What should I do, can I sue them? Where to sue.

110 don't fight, if you do, the police station in the jurisdiction will come to pick up the police, and it is estimated that you will be beaten again.

Go directly to the police station to complain or go to the procuratorate to complain, at present, you can't file a lawsuit without evidence, you can only reflect the situation through channels such as complaints and complaints.

If the conditions are suitable, you can use **, such as Southern Weekend and the like. These are not traditional routes, so I won't go into them.

The police station may not mediate civil disputes, and civil disputes do not fall within the jurisdiction of the police station, but if both parties are willing, they can also request the police station to mediate. Civil dispute resolution method 1: Negotiation. The two sides relied on their own strength to compromise and make concessions to each other to resolve disputes.

This method is quick and easy and calm, but the content of the negotiation should be documented in writing. 2. Mediation. The intervention of a third party induces mutual understanding and concession between the parties to the dispute, and finally resolves the conflict.

When the parties to a dispute lose the basis for dialogue, it is a smart choice to seek third-party mediation. 3. Arbitration. A dispute resolution mechanism in which disputes are referred to an arbitration institution and adjudicated by them.

In the final arbitration system, if one party fails to perform the arbitral award, the other party may apply to the court for enforcement. 4. Litigation. A system in which one party submits a request to the court and the court adjudicates the dispute.

Litigation is the final and most authoritative dispute resolution mechanism and the last barrier for parties to protect their rights.

Legal Analysis: Public security organs may mediate and deal with violations of public security management such as assaulting others, intentionally injuring others, insulting, defaming, falsely accusing and framing, intentionally damaging property, interfering with the normal lives of others, violating privacy, and illegally intruding into residences caused by civil disputes, but the premise is that such civil disputes have not risen to the standard for filing criminal proceedings.

Legal basis: "Provisions on Procedures for the Handling of Administrative Cases by Public Security Organs" Article 178: Where violations of the administration of public security, such as assaulting others, intentionally injuring others, insulting, defaming, falsely accusing and framing, intentionally destroying property, interfering with the normal lives of others, violating privacy, or illegally trespassing into a residence, are caused by civil disputes, and the circumstances are relatively minor, and in any of the following circumstances, mediation may be made:

1) Disputes between relatives, friends, neighbors, colleagues, or school students over trivial matters 2) The perpetrator's infringement was caused by the victim's previous wrongdoing, 3) Other situations where mediation is more easily used to resolve the conflict. For civil disputes that do not constitute a violation of the administration of public security, the parties shall be informed to apply to the people's court or people's mediation organization for handling. For public security cases where the circumstances are minor, the facts are clear, the causal relationship is clear, there is no dispute about the loss of medical expenses or goods, or there is no dispute between the parties for the payment of medical expenses and goods loss, and the conditions for public security mediation are met, and both parties agree to mediate and perform on the spot, they may mediate on the spot and make a mediation agreement.

Where the parties' basic circumstances, the main facts of the violation, and the content of the agreement are clearly recorded in the on-site audio or video recording, a mediation agreement is not to be drafted.

In the event of a civil dispute, you can go to the police station for mediation, but the police station can not mediate all civil disputes, and the police station does not have the right to mediate civil disputes related to the economy, and needs to go to the local court for mediation. If there is a violation of the administration of public security, such as fighting or damaging other people's property caused by a civil dispute, and the circumstances are relatively minor, the public security organs may mediate and handle it. After the two parties reach an agreement, the public security organs may not impose penalties.

What are the civil disputes.

1. Civil disputes refer to all kinds of disputes arising from citizens, legal persons and other organizations as equal civil subjects over legal relationships that fall within the scope of adjustment of the civil law, such as personal and property relations.

2. Civil disputes are divided into two major contents: one is civil disputes in property relations, and the other is civil disputes in personal relations.

3. Civil disputes include: creditor's rights and debts disputes, housing property rights disputes, contract disputes, damage compensation disputes, divorce disputes, copyright disputes, etc.

What are the ways to resolve civil disputes?

1. Negotiate and settle. On the basis of equality and voluntariness, the parties shall reach a settlement agreement through friendly consultation, mutual understanding and mutual accommodation, and then resolve the dispute.

2. Mediation and settlement. Under the auspices of relevant organizations (such as people's mediation committees) or intermediaries, on the basis of equality, voluntariness, and legality, distinguish right from wrong, clarify responsibilities, and promote the parties to reach an agreement on their own through presenting facts and reasoning, so as to resolve disputes.

3. Arbitration settlement. The parties to the dispute shall apply to the arbitration institution in accordance with the arbitration agreement or arbitration clause in the contract reached before or after the dispute, and the arbitration institution shall hear and make an award in accordance with the law, and the dispute shall be resolved through the parties' conscious performance of the award or the application of one party to the people's court for compulsory enforcement.

4. Litigation settlement. Settlement through litigation refers to the fact that one of the parties to the dispute files a lawsuit with the people's court in accordance with the law, and the court hears the case in accordance with the law, makes a judgment or ruling, and resolves the dispute through the parties' conscious performance of the effective judgment or the compulsory enforcement of the people's court.

Among the above four ways of dispute resolution, arbitration and litigation have legal enforceability, while negotiation and mediation do not, so the parties can renege on the agreement reached through negotiation and mediation. Of course, the choice of means to resolve a specific civil dispute depends entirely on the willingness of the parties.

Legal basis

Civil Code of the People's Republic of China

Article 10: The handling of civil disputes shall be in accordance with law; Where the law does not provide for it, custom may be applied, but it must not be contrary to public order and good customs.

Article 11: Civil Procedure Law of the People's Republic of China

Article 12: The provisions of this Law apply to people's courts' acceptance of civil litigation raised between citizens, legal persons, and other organizations, as well as between them due to property and personal relationships.

Article 6: The people's courts exercise the power to adjudicate civil cases.

The people's courts are to independently adjudicate civil cases in accordance with the provisions of law, and are not to be interfered with by administrative organs, social groups, or individuals.

If an injury is caused by a civil dispute, it may be mediated by the police station. If the police station fails to mediate, either party can go to the court to file a lawsuit.

Article 9 of the Law on Penalties for the Administration of Public Security: The public security organs may mediate and deal with violations of the administration of public security, such as fights or damage to other people's property caused by civil disputes, where the circumstances are relatively minor. Where, after mediation by the public security organs, the parties reach an agreement, they are not to be punished.

Where no agreement is reached through mediation or no performance is made after an agreement is reached, the public security organs shall punish the violators of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may lawfully initiate a civil lawsuit in the people's court regarding the civil dispute.

Civil disputes do not fall within the jurisdiction of the police station and may not be accepted, but may be mediated. Mediation requires the presence of both parties and follows the principle of voluntariness and legality.

If one of the parties does not appear, the police station cannot force him to appear, in which case it can only refuse to accept the case and tell him to file a lawsuit with the court.

No more mediation. It is up to the parties to file a lawsuit in court on their own.