Study On The Datum System Of Public Security Punishment Discretion

Since State Council issued Outline for Promoting Law-based Administration in an All-round Way in 2004,and Decision on Strengthening Law-based Administration of City and County Governments in 2008,numerous administrative law phenomena of making standards on security punishment discretion have appeared throughout the country. The propounding of datum security punishment discretion originated from the practice of Security punishment. On February 4, 2004, Jinhua Public Security Bureau firstly brought out datum system of Security punishment discretion in China. In the process of exercise discretion, Security punishment discretion is widely used and subject to be abused in law enforcement practice. Therefore, study on security punishment discretion datum is meaningful and significant to the practice.However, the existing problems on administrative execution practice of discretion datum could not be neglected. Researches on compressing or canceling discretion datum and on how to providing proper legal orientation, etc. is burning question. This thesis starts with the current situation, legal orientation, control technique and legal structure of security punishment discretion datum. Then it illustrates with Security punishment discretion datum systems issued by local governments. And at last, combined with existing theories concerned and cases, this work analyses and demonstrates the problems on security punishment discretion datum.