The Study Of Administrative Discretion In Chinese Public Security Organs

With the rapid development of modern economy and technology, the functions of administrate social life functions and powers of the government continuously expand, together with the growing power of the free discretion enjoyed by the administrative institutions. Administrative discretion is essential to the current government administration, then how can effectively play the positive role of administrative discretion, and avoid or maximally control its negative effects become a hot issue concerned by administrative law scholars. Administrative discretion is always the study focus of modern administrative law. Public security institutions and their staff as an important part of the executive authority are the perpetrators of the national will and the defenders of the interests of the people. They shoulder important responsibilities such as maintaining social stability, protecting the legitimate rights of citizens. Administrative discretion in the performance of official duties by the public security organs is an important component of administrative discretion, which belongs to administrative discretion. The public security organs are important national law enforcement agencies, shouldering the dual responsibilities of the enforcement of administrative law and justice, it is necessary to practice administrative discretion in law enforcement process. In order to prevent the abuse of administrative discretion during their law enforcement practice by the public security organs and their stuff, the public security system is trying to develop some of the discretionary criteria, and control the abuse of administrative discretion in two stages namely before and after law enforcement process.According to the constitution, A system including administrative proceedings and administrative reconsideration provides certain levels of legal control or discretion to the free administrative law practice, but this kinds of control are adopted after the damage occurred, which caused by the abuse of discretion to play a relief role and only played controlled role of compensation, but provide little preventive effect on the abuse of discretion. Public security has a larger selection space when adopting administrative discretion, which easily lead to the abuse of the right. This is a big threat to the administrative of law operation by the public security organs. In order to make the regulation of administration discretion fully play an active role and control the negative at minimum, the research and analysis in this field become an urgent problem. Considering the realities of the administrative discretion together with the general principles of administrative law enforcement, the problems and reasons of public security administrative discretion were put into deep study and analysis to help the public security organs understand and exercise the administrative discretion, and provide recommendation for standardizing and improving the control mechanisms of the public security. The article advise that administrative discretion should be improved and controlled in four areas including the legislative monitoring mechanisms, program monitoring mechanisms, judicial monitoring mechanism and self-monitoring.