Police Administrative Discretion And Its Control Comparative Study

The administrative discretion power of police refers to the potence that police organ and policeman have to obey during the course of the administration. The exertion of the potence needs definitude authorization,comply the law rules and also need accurate,rational subjective judgement. Said briefly , it is the popedom that choose the right way of behavior and the aftereffect of behavior. It likes a two——edged sword, if used properly,we can achieve justice eases; if we can not use it properly,it will greatly against the legitimate interests of the relative. In other words, one hand, it can exert the positivity of policemen, mobilize their enthusiasm, on the other hand, there is the feasibility of malfeasance exertion. In this essay, the writer refers to correlative system not only in china but also in foreign countries. After that , the essay compares the administrative discretion power of police in different countries, and summaries their experience of these countries in order to find a way to control its exertion in China. Doing this is in order to make sure the administrative discretion power of police exerted rightly.In the first section of the essay, 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. Then, the author expounds the concept, characteristics, significance and different theories in the administrative discretion power of police. After that, the author indicates that the confine of the police administration discretion power in China include two aspects: abstract administration and material administration. The abstract administration represents as explaination of legal principle and specificate the law as the law's authorization, the material administration represents as mulriple signification ,for example :the judgment in the startup of process,the cognizance of reality,the choice of inquisition process and also include the dispose of case outcome..In the second section of the essay, the author firstly introduces some opinions on the flaws of administration discretion power ,secondly the author gets the conclusion that in the judicatory practice of our country, the flaws represent in different ways ,these are excess of discretion,abuse of the discretion and idle of discretion. The reasons of the problems are as follows: first is the law ingredient ,that represent as the confusion of legislation mechanism,the dispersion of legislation mechanism and nonstandaration of uniform criterion; second is the distemperedness of police administration system, because of this the government is apt to intervent the exertion of police administration and the outlay that the police need is difficult to guarantee; the third is the supervise mechanism factor, the short of supervise not only represent at the organ of authority,party organise judicial department,administerial department ,but also in news media; the fourth is operative diathesis of policeman, Some of the policemen lag in conception,so they need advance firstly in operative diathesis ,secondly they need advance in conception. Only in this way can the administrative discretion power exerted rational.In the third part of the essay, the author mainly discusses the ways how to control the police administration discretion power in foreign states, such as German,France,Japan,America,Canada and so on . Then the author deems that there are two ways to achieve the aim—how to control the administrative discretion power of police and make the administrative discretion power could be used properly: one is exterior control, that is control of law ,doing this can make sour the policemen exert rightly; the other is internality control, that means, change the policemen's mind, to make sure they can obey the lawmakings convincingly .In the last part, the author tries to design the configuration in order to control the police administration discretion power in China, to realize the aim needs multi-methods. In exterior control ,that need intensify lawmaking, definitide the prescribe of law, intensify the explaination of lawmaking, define the administrative discretion power of police's exertion bottommost standard and the process. It also need to strengthen the supervise system ,that means we should strengthen the supervise of the organ of authority,party organise,administerial department and news media. Make the powers joins together can keep the force confluence, enhance the effect. In the way of judicial department supervise, should the introduce the control in advance and supervise afterwards. We should also strengthen judicial department. Endow the court the power of supervise in advance and the supervise afterwards. Besides this , we should introduce the checkup of rationality into the course of the court's inquisition .And we should also make sure that the society has the power of supervise. That means the social organization,common people,and media system should have the chance to supervise the exertion course of the administrative discretion power of police . When it comes to the interior control, the writer insists that there is the need of internal control. Although we have preliminarily established a system of people's moral standards. and to be acknowledged and complied with in practice. However, the police in law enforcement activities still exist a lot of the law, and denial of law enforcement. abuse of power and improper law enforcement behaviors and phenomena of corruption in law enforcement. Also, at present, the professional ethic education in public security colleges are faced with many new problems. For example, there are some errors in guide ideology in some colleges, more attention has not been paid to professional ethic education; ways and methods are single, the way of class teaching is only used in professional ethic education, and cram teaching is the major way. For these reasons, it is very important to enhance the education of the policemen's moral. People can raise the level of individual ethics and self-discipline mechanism to improve police discipline. The policemen can adopt a regulation to enhance the moral capacity of the police to enhance enforcement of moral restraint, can strengthen ethical system, the reform of the police and moral education model, improve police ethics evaluation mechanisms. Police implemented the moral incentive mechanism, perfect the supervision mechanism police ethics, environmental ethics, such as police enforcement optimize specific way.