Legal Control Of Police Chief Discretion And Ethical Control

Administrative discretion is the right to choose independently the way and type by which administrative organs act, as well as the extent to which they can act under laws and rules. The administrative discretion is widely exercised in the policing. It is indispensable in that the freedom to choose independently can satisfy public security organ's demand for dealing with various businesses correctly and promptly, exercising administrative power and maintaining administrative order. However, the freedom may lead to the abuse of power due to the lack of effective restrain. Therefore, it is of great importance for both theoretical and practical circles to make an in-depth study of the application of administrative discretion in public security administration and the control of discretion, and build a mechanism to prevent the abuse of such discretion.The paper is divided into three parts. In the first part the author makes a general introduction to the research of administrative discretion having been conducted by Germany, the Great Britain and China including Taiwan, as well as the current status. In the second part the author expounds the concept, characteristics, significance and existing problems. In the third part the author sets forth the legal principles that should be followed in exercising the administrative discretion power, and how to build the jurisprudential control mechanism concerning administrative discretion power of police through legislative control, administrative control, judicial control and social control. In the fourth part the author, from the point of administrative ethics, tries to demonstrate the connotation of ethical control, the necessity and the difficulties of having the administrative discretion power of police under ethical control. Furthermore, the author launches a probe into how to put the administrative discretion under control effectively by using ethical principles. Finally the author puts forward his opinions and suggestion on how to, through the supervision over administrative discretion, regulate policing activities by laws and rules and promote police's ability to exercise administrative discretion.