On The Extension And Control Of Police Station Administrative Discretionary Power

Now, We are in the preliminary stage of constructing socialist legal state. Research and resolution the extension of administrative discretionary power is current significant to speed up law-ruling course in our country. The police administrative discretion is a representative and important part of administrative discretionary power in china. The local police station as the most basic unit and the most front law enforcement of public security, has undertaken more than 70% of the nation public security management duty and nearly all public security service initial processing. But the local police station's law enforcement work is heavy and the guarantee is not strengthened, and the freedom of administrative discretion is large. The human factor interference is co-exsisting with legal inspector vacancy, so it should be given the high attention greatly. This article combined the basic theory of administrative discretionary power and domestic and foreign newest research results in recent years to explore and research the police station administrative discretionary power. it summed up the meanings and features of police station administrative discretionary power and roundly analyzed the reasons of extension of the power. There are some reasons as follows: grass-roots units administrative discretion's exsisting and enlargement is the base of extension of administrative discretionary power. Traditional history of administration paramountcy facilitates the extension. grass-roots units administrative discretion's inherent peculiarity is the internal reason of the extension of administrative discretionary power.Difficulties in grass-roots units guarantee are the material reasons of the extension. And surveillance weakening is the system reason of the extension. On this basis, this article proposed that we should construct the integrated framework of controlling grass-roots units administrative discretion as soon as possible. At the time of controlling discretionary power total quantity by enhancing lawmaking techniques and improving judicialized level of supervision. We should improve and exert the traditional advantages in ideological and political work, give prominence to direction of law enforcement and process control, sent the typical cases timely and endue them sanction, prevent the extension of police station administrative discretionary power .This article talked about controlling the police station administration discretionary power from six aspects. The first is enhancing the legislation technology, controlling the power total quantity; The second is enhancing police service guarantee, taking strict precautions against the authority dissimilation; The third is exerting the system innovation, and strengthening process control; The forth is enhancing judicialized level of supervision and judicature authority; The fifth is enhancing Chinese administrative ethics construction; The sixth is implementing the police service to public, promoting the restriction of right to authority.