A Study On The Supervision Mechanism Of Administrative Detention In Public Security Organs

Discretion is one of the most important in the modern administration of administrative power, plays an important role in modern administrative management. As the characteristics of flexibility, autonomy and so easy to abuse the right, is always a hot theory of free discretion to supervision, but also the difficulty in practice. Administrative detention is widely used in public security management, involves all aspects of social life, plays a positive role in the social security administration of the public security organs. Administrative detention is the most severe administrative punishment, was the only person in the administrative punishment, freedom punishment. Therefore, to make the penalty of administrative detention should be careful and rigorous. Administrative detention contains the discretion of public security organs, conducive to flexible, efficient administrative punishment, but also because of the abuse of the damage the discretion of the rights and interests of relative people, undermines social justice and harmony. Therefore, to make administrative detention and play an active role, we must strengthen the supervision of discretion.Supervision is divided into internal and external supervision. External supervision includes supervision of legislation, judicial supervision, social supervision, internal supervision is the public security organ system internal supervision, including its system etc.. Supervision mechanism is not enough to restrict the abuse of discretion of administrative detention. In this paper, combined with the author’s practical experience, think in outside supervision, administrative detention authority should be moved to the suspension of execution, to improve the system, the introduction of the hearing system; in the internal supervision, we should perfect the system, explain the reason for the misjudged case investigation system, performance assessment system.