A Research On The Rational Use Of The Reasonable Exercise Of Discretion

Public management in China is a new course, it's fundamental purpose is to safeguard the public interest, as a national public administration sector executive branch of government how to do a good public management, and promoting the public interest to maximize the subject appears to be particularly important, with a focus on the administration is how rational use of administrative discretion. Administrative discretion is a double-edged sword, it can promote better use of public interest development, otherwise harm the public interest.Public security organs as a government major public management department, a wide range of its business, coverage, with the discretion of the larger space, their study on the government's other public administration from the very good draw and exemplary role. The public security organs have the discretion to the legitimacy of its existence, the reasonableness and necessity. The rapid development of modern society, and new things keep emerging, so that the discretion of the police also continually expanded, involving all aspects of social life. Public security organs have the discretion to the executive branch there are law and order, are G, the TAC patrols, immigration, network supervisor, fire, border, discretionary power to a wide area, including acts of nature, types, methods, and means, duration, amplitude, procedures, etc. , has a force mandatory. As China's public security work and the historical development of rough, has not yet formed a complete scientific and standardized system, how to achieve the public security administrative discretion to the reasonable control is a priority.I learned from the exercise of the public security organs of Yancheng in the discretion of the administration of the actual condition of starting, the discretion of the existence of systematic analysis of the reasons for the problem, the consequences of abuse, and the solution. Its solution mainly from the legislative, judicial, three aspects of internal control, the author based on the seriousness of the legislative and judicial discretion of the reasons that the public security administration to resolve the abuse of the discretion of the most important issues from the inside or control, strengthen law enforcement the quality of personnel and the level of law enforcement education, the establishment of related systems and thinning discretion, to implement the administrative supervision, accountability, clear incentives. Through the combination of inside and outside, from an objective to the subjective discretion to effectively control the abuse of safeguarding the public interest.Public security organs to control the abuse of administrative discretion to the way other public management of the government departments are highly specific requirements of reference, and if they can from the field and within the discretion of the administrative control is bound to effectively promote the development of public interest, towards the goal of maximizing public interest forward.