Discretion Of Public Security Penalties Legal Regulations

Public security is an important national law enforcement agency charged with administrative enforcement and criminal justice double responsibility. Public security and people's police in a wide range of administrative law have enforcement in the exercise of discretion.Public Security Administrative Law Enforcement Police Discretion is subordinate to the Chief Administrative Discretion. Existing administrative discretion is the specific administrative act, but also among administrative action existing in the abstract, but to determine the uncertainty of the legal concept of administrative discretion should be excluded from the outside. Public administrative discretion is to achieve the widespread presence of not only the need for administrative efficiency function, but also a wide range of public security administration and complicated reality of China's national conditions and legislative technical reasons. Germany and Taiwan regions worked on the discretion of the Chief of Police earlier and more mature. After comparing the view that public security administrative discretion is that the public security organs and people's police in the range authorized by the laws and regulations, administrative actions in the implementation of public security in the possession, according to the specific circumstances, by independent judgment, naturally chosen to make the most appropriate administrative action to pursue the legal effect of the expected kind of administrative power.Police Administrative Discretion and other administrative power, as exercised can on the one hand generate positive dynamic effects, and on the other hand prone to dislocation, relative to the administration against the interests of the cause, which pose a threat to the rule of administrative law. Administrative Discretion and Public dislocation mainly in the ultra vires administrative abuse abandons or delays the exercise of power and so on. Reasons for the emergence of the dislocation free property generally has its own, less restrictive laws and regulations, administrative enforcement procedures and the imperfections of the individual factors of police. The Chief of Police Discretion not only is the legal control of social security benefits relative to the needs of people, but also realizes the need for the rule of law and the need to improve administrative efficiency, or effectively curb corruption in the public security administration of justice control of their needs.