Public Security Administrative Punishment On The Discretion Of The Constraints

In this paper, the characteristics of the public security organs, public security administrative punishment summarized the discretion of the special: the most extensive sources, types, the most complete, most mandatory, freedom of choice "flexible" Max.Work practice according to the author, summed up the current penalties for public security authorities to exercise administrative discretion of the main problems: arbitrary law enforcement, to grasp the magnitude of misconduct, "selective enforcement" of the more common, serious violation of procedure. And pointed out the reasons for these problems: "the rule of man" deep-rooted ideological influence, legislative authority is too broad and principles are still generally low quality of law enforcement body, law enforcement and supervision and so on。In response to these problems, the authors propose building a system of public security administrative punishment discretionary basis points, and build around the need for and specific ways to discuss and put forward the basic principles of discretionary basis system: (1) comply with the basic spirit of the law; (2) equal treatment; (3) proper motivation; (4) the principle of reasonableness. And the "Public Security Administration Law" in the specific provisions, for example, discussed how to conduct himself from the behavior characteristics, the applicability of the law, the victim's role, the responsibility-sharing and other aspects of specific penalty discretionary basis to build the system.This article also from the legislative control, internal control, social supervision and regulation, etc. to discuss how the public security administrative punishment on the discretion of the constraints.