Regulation Of Police Power Of Free Executive Decision

In accordance with the provisions of Article2of the "People’s Police Law, China People’s Police, including the public security organs, the state security organs, prisons and reeducation-through-labor administrative authorities of the People’s Police and People’s Court, the judicial police of the People’s Procuratorate. This article while policemen perspectives on the regulation of the police administrative discretion.In accordance with the division of responsibilities,The people’s policemen of public security organs perform much duties according to People’s Police Law of the People"s Republic of China. Police power of free executive decision is one of the police component of the right to police the right to the most significant part."There is reasonable" legislation to give police administrative law enforcement in a certain degree of discretion, and effectively improve public security administrative law enforcement efficiency, timely and effectively protect the legitimate rights and interests of the administrative counterpart. In order to ensure the proper exercise of police power of free executive decision, the need to make the necessary regulation, to play a positive role. Of this regulation is not "pipe die" discretion to make a positive effect of this power can give full play, and will not shrink from delays in the public, damage to public welfare; but also the operation of this power to rule-based mistakes correct, not unfettered gone wild, wanton abuse of the power of people leaving the administrative counterpart, social and public interests undue damage. Police power of free executive decision in a lawful and reasonable orbit, and promote its use of curb its abuse, both legal theory and police practitioners face an urgent task, but also to promote the rule of law and nation-building and the harmonious relationship between content.The development of this article public security administrative power to start the clearance concepts and types of characteristics, which in an academic administrative discretion of the police to conduct a preliminary interpretation; followed by further analysis of Police power of free executive decision, that the power has a dual nature,described a police administrative freedom of discretion the right to existence of a reasonable nature and positive role analysis of the exercise of the Police power of free executive decision the right to the occurrence deviation may be caused by the negative impact; this is also to explain the reason. Regulatory system for Police power of free executive decision the right to the issues, reveals thethe purpose of this article wording. Finally, by way of the common control of Police power of free executive decision and their respective limitations analysis, assessments of the status quo of China’s Police power of free executive decision, corresponding to legislative control, administrative control, judicial control,social control aspects to improve the personal views of our police administrative discretion regulation.