Abuse Of Discretion In Public Security Administrative Enforcement And Control

Administrative discretion is getting more and more application as a very important power in the modern administrative power. However, administrative discretion is a double-edged sword:on one hand, its application can enhance administrative efficiency, protect private parties'benefits and promote public interest development; on the other hand, the abuse of administrative discretion can also results in serious negative effects and harm public interest.The existence of administrative discretion of public security organs is an inevitable result accompanied with the social historical development, and is an important part in administrative power of public security organs. Administrative discretion of public security punishment is the most popular application and abuse power owing to the close relationship between public security and administrative relative person. The abuse of discretion of public security penalty can result in many negative effects, including violated the right of administrative relative person, damaged the authority and justice of law, and multiplied the corruption etc, which effect the development of nation and society, and hindrance the establishment of law. Therefore, it is requirement to control over administrative discretion.The government authorities have paid more attention to the abuse of administrative discretion of public security punishment. For example, "Public securities Management Punishment Law' which begin to execute on 1 March,2006, plays a role in resolving the problem. However, this is not enough.In here, the concept and the existing necessity of administrative discretion were described, and the reasons of abuse and the abused consequence and harms were analyzed. Further, how to control over the abuse is explored from three respects: entity control, proceeding and internal control. The ways to control over the abuse are the requirement of reference to other public management of the government departments as the administrative discretion of public security punishment has more space in use.