On The Rationality Of The Principle Of Control Of Public Security Administrative Discretion

Administrative discretion power of public security organs is an important constituent of administrative authority, also plays a remarkable, uniquely and most active role in administrative authority.Administrative discretion power of public security organs just has two sides, positive and negative . The solution lies in reasonable control. The issue which people focus is how to suitably control of Administrative discretion power of public security organs. This thesis comprehensively analyses Administrative discretion power of public security organs and the rational administrative principles, in order to find an effective way to control the Administrative discretion power either from the view of law theory or from the view of demonstration. This thesis is divided into five parts.In the first chapter , makes a general introduction of Administrative discretion power of public security organs, discusses the concept , classification and features, Thus define the meaning and nature of the Administrative discretion power of public security organs. In the second chapter, indicates the necessity of Administrative discretion power of public security organs, and analyzes the disadvantages. It proves Administrative discretion power of public security organs is tend to be abused, which will threaten legislation rights. In the third chapter, makes a general introduction of the Principle of Reasonableness, Furthermore, covers the foundation of the Principle of Reasonableness and its historical development, demonstrates that the Principle of Reasonableness is the basic norms of Administrative discretion power. In the fourth chapter , shows how to build the jurisprudential control mechanism concerning Administrative discretion power of public security organs through legislative conrol, administrative control, judicial control and selfcontrol. In the last chapter, introduces administrative discretion standard, explains the relationship between administrative discretion standard and the Principle of Reasonableness. Finally, it suggests to establish administrative discretion standards to control Administrative discretion power of public security organs, and points out its practical significance to Administrative discretion power of public security organs.