On Law Control Of Administrative Discretion Of Public Security Punishment

Administrative discretion of public security agency is an essential product roots from the modern administration law enforcement. It is also an important part of public security agency's administration power. Administrative discretion of public security punishment is the most popular used and abused power by public security agency. By abusing administrative discretion, the rights of administrative relative person must be violated, so do the authoritativeness and seriousness of law. and the construction of law. So, it must be necessary to strengthen control over administrative discretion.Nowadays, our law circle and legislative organ pay more attention to abusing atmosphere of administrative discretion; they carry on massive beneficial search and practical work. "Public securities Management Punishment Law, which begin to execute on 1 August, 2006, provide an effective way to solute the upper problem.The basic framework of the thesis is divided into three parts by comparative analytic approach, combing theory and practice and aiming at measures of administrative discretion control.:â… : Describe the awkward predicament about administrative discretion of public security punishment. With several true cases, put forward the principle while public security agency discharge duties of administrative discretion of public security punishment.â…¡: Offer the theoretical foundation on control over administrative discretion of public security punishment, which is differentiated and analyzed in an triangle of civil liberty right, administration just and public interests.â…¢: Further approach on how to control over administrative discretion of public security punishment. Through summarizing and using the foreign advanced experience for foundation and reference, the thesis divides the control into the following aspets: the first control focus on substance and procedure, other one is internal-control of public security agency.