On Discretion And Its Control In Public Order Management And Punishment

Security Punishment discretion of public security organs in the exercise of administrative discretion, a power of the most widely used in law enforcement practice can easily be abused. Security Punishment abuse of discretion, is bound to administration relative to the legitimate rights and interests against the influence of legal authority, seriousness, and social stability.Therefore, we must strengthen the penalties for public order control of discretion.This paper tries to View of the Law on Administrative Penalties for Public Security, from the punishment in the discretion of security concepts and characteristics, analyzes the security need for discretion punishment and abuse, and proposes penalties for public order control program discretion.In this paper, an overview of discretion proceed mainly discusses the concept of administrative discretion and characteristics.By Chinese and foreign scholars on the discussion of administrative discretion, compare, analyze, draw the current relative to a scientific statement, on this basis to further clarify the main features of administrative discretion, the validity and characteristics and reasonable, as the paper started tobedding.Then, the concept of discretion, based on the analysis of public security penalties in the discretion, in part, the main part of the paper, including the seven aspects:First, the basic theory of public security penalties.Second, law and order punishment of discretion in the performance of three ways, law and order there is the need for punishment of discretion.Fourth, law and order problems discretionary penalty five, law and order because of abuse of discretion analysis of six, the abuse of law and order in the negative effect of seven discretion to determine the implementation of the principle of discretionary punishment law.This part mainly in the View of the Law on Administrative Penalties for Public Security, layers of depth, with emphasis on law and order problems of discretion, necessity, causes and consequences of abuse, law and order in the exercise of discretion made the principle of punishment for the reasonable control of the discretion to provide law and ordertheoretical basis. Finally, this study Administrative Penalty of discretion in the control approach.This is the core of this thesis, the discretion of the security control of punishment is the main legislative control, judicial control and public security organs of internal control self-control and other methods in four aspects.I believe that legislative control and judicial control has its limitations.Legislative monitoring the legislative process and legislation because of the limitations period, responded more slowly, in addition to the law must have a certain stability, can not chop and change. Judicial control limits due to limited review, the legality of monitoring is mainly in supervision, in addition to displaying lost a fair case, in general, not to intervene, so punishment in the discretion of security control is mainly self-monitoring, including increased enforcement of civilian policeoverall quality of the implementation of the security system of penalties discretionary basis, to establish a scientific evaluation of monitoring mechanisms, improve the review system, the mediation in order to expand the application of penalties in the six major initiatives proposed in the current situation at the same time, the most feasible measure is to vigorously implement the implementation of Security Punishmentdiscretionary basis system, and guarantee the independence of the relevant oversight bodies.