Research On China's Controlling Of Police Administrative Discretion

The administrative discretion of police in the system of executive power is in the very important position.Charles H.Koch said:"The administrative law is dominated by the term discretion." "Black Law Dictionary" on the definition of discretion said the judges and administrative personnel have this power.Only in the condition of appropriate and right,can they use or not.And if this choice cannot be proved abused,it can not be overturned."because the police authorities have the obligation of keeping the society security,so this power has vital impact to the interests of the citizens.Complex status and the professionalism of the police administration give the police greater discretion in the country's police power system,and most of them live in the core position of the essence of the police power.The destination of the police discretion power is to safeguard the security and stability of the society,but because of its legal constraints have great limitations in the practice,so it is really easy to form the problems of power abuse and breaking justice.So how to control this power is very important to protect the justice and legitimate rights and interests.While realizing the defects of this power,we should not deny the positive impact.Only we realizing the pros and cons can it better reflects the value of discretion power of the police and improves our quality of the police enforcement.This paper is to clarify the nature and philosophy of discretion of the police administration and then give suggestions on how to solute the problems.The first part introduces the basic theory of the police discretion:the concept,the form and features of the power of administrative discretion of police.The second part introduces the negative consequences of the exercises of police discretion and our China's current controlling of the police discretion,pointing out deficiencies.Chapter three gives some suggestions on how to complete the controlling of the police administrative discretion by drawing the experience of the foreign countries in this area.