The Principle Of Rationality To The Public Security Administrative Discretion Control

Public security administrative discretion is the most prominent public security authority constitutes and special parts, proper administrative public security administrative discretion to rapid processing public security administration, improve work efficiency, timely and effectively guarantee the lawful rights and interests of the respondent. However, the current law of administrative discretion in the examination questions are not law enforcement standards of public security administration sound, the exercise of discretion not only legitimate demands of its even reasonable, if the police administrative discretion improper use, can damage the lawful rights and interests of the administrative relative person the establishment of legal society even destroyer. So strengthening rationality of public security administration principle of discretion, the control of power to prevent the abuse, make our administrative discretion in the use of public security law enforcement is reasonable and appropriate promoting country under the rule of the construction of harmonious society and important content. Article is divided into three parts: the first part, of administrative discretion in summary of public security administration based on the discretion of the concept, classification and characteristics are discussed and studied, sure to define its connotation and essence; The second part, through the analysis of the existing public security administrative discretion in reality the necessity and the problems existing in the enforcement, reveals the public security administration discretion has embodied legal spirit, safeguard the legitimate rights and interests and abuse the counterpart rights will lead to destruction of the construction of legal society "double-edged sword" characteristics, and then put forward the discretion of public security administration, namely the necessity of controlling the reasonable control public security administration discretion is conducive to ensuring the administrative relative person's legitimate rights and interests and maintaining social stability and help contain privileged ideology, promote administrative legal process; The third part is the key part, the first article in principle is to correct exercise demonstrated public rationality of administrative discretion should follow the basic standards based on control, analyzes the present public security administrative discretion in the legislative, judicial and self-control existing problems, and then further discussed how to use the principle of public security administration perfect reasonable discretion legislative control and judicial control, self control and other control mode. Among them taking zhejiang jinhua city as the breakthrough point discussed emphatically the introduction of discretion to push for public security benchmarks of administrative discretion reasonable control of the feasibility, and the public security administration discretion benchmark system in standards, the judicial precedent system and attention to follow the benchmark system the paper dissertates uniqueness.