On The Police Administrative Discretion's Reasonable Exercise In The Perspective Of The Property Law

In broad range, the police power means all the power belonging to police authority and given by the national law, which includes all the power in performing administrative functions and fulfilling the criminal justice functions. The narrow sense of police power, also called police administrative power, is usually given by state, and used in the administrative process by the police authorities. What the thesis says is the one. As a close contact with the citizens, the police always confront with the conflicts between the police power and the private rights, especially in dealing with the real property rights'cases, which will probably intensify the conflicts between the general public and police. The mainly result is the damage to citizens' property due to the abuse of the police's administrative discretion ,which brings negative impact on the social stability and harmony, and even results in the people's distrust to the police institution and judicial system. In this situation, how to keep the police power carried out effectively under a perfect legal framework is extremely significant in both theoretical and practical angle. The purpose of the thesis is to give some proposals to improve our police administrative discretion excising mechanism through ways of analyzing the current situation of police'administrative discretion and learning from foreign studies and practice. The thesis is divided into four chapters as follows, the first chapter is about the concept and theoretical basis of the police administrative discretion, which will let us get more comprehensive and profound understanding of the concept and the value which it exist; The second chapter is mainly analyzing the problems in dealing with the situation related to citizen property rights and finding the reason of them, which can further explain the necessity and realistic significance to improve the exercising of police administrative discretion;Based on real right perspective, the third chapter tries to demonstrate the necessity and practicability to improve exercise mechanism of the police administrative discretion in theoretical and practical aspects. Improve the police administrative discretion mechanism, which are perfecting legislation, improving the quality of police who are the law enforcement body, establishing a system of internal constraint mechanism and the relief mechanism also. art by Semantic analysis ,the article use the concept of the administrative discretion as it's theory' foundation ,and on the theory 'foundation of power,in order to make a more comprehensive and profound understanding. On the basis of it , anglicizing the reasons and results that administrative discretion in dealing with the citizens' property rights, further explanation it is significant to improve the administrative discretion of citizens' property rights protection .And argument the necessity and practicability of perfecting the mechanism of exercising police's administrative discretion ,from theory and practice two aspects. At last, proposed the ways to solve the problems that existing at exercising it ,give my suggestions to improve police' enforcement. At the same time although the based on the perspective of property rights ,only referring police' administrative discretion in dealing with property rights ,but i hope to know the autumn by one leaf, the conclusion get from it can apply the whole process of police' enforcement, in order to perfect the mechanism of exercising the police administrative discretion.