Theory Of Internal Control Of Administrative Discretion To The Police

Police administrative discretion is a rational self-judgment and self-made authority,which made by police department and its police officers in laws and regulations within the scope and magnitude, based on legislative purpose and the principles of fairness and justice, combined with their own management experience and professional knowledge.On the one hand, the police special task, the limitations of legislation and the enforcement of police activities, the object is difficult predictability of the breadth and diversity has made the police has its necessary in administrative discretion; the other hand, the abuse of police Administrative Discretion has also brought an infringement of human rights, the destruction of the law and the damage of the police image. Enforce effective external control to the police Administrative discretion has been the focus of academic research and Police Force, the legislative and judicial control is the core and focus of attention. However, only a single external control of police administrative discretion allows us to ignore the shortcomings of the external and the police officers may have good behavior. Single external control of police administrative discretion can not make the best control results, we need the right system of internal control as a supplement. This paper uses literature, empirical research, historical analysis and other research methods, trying to break the perspective of external control, convert the angle of thinking, find theoretical and reality support for police administrative discretion, in order to enrich the theoretical study of controlling police administrative discretion, provide some superficial ideas for exploring control system of police administration internal.This paper is divided into four main parts:The first part of this article:Overview of police administrative discretion. This section is mainly clarify the relevant issues of the police administration discretion o Including the context of this description of the police meaning, on the definition of the concept of administrative discretion, administrative discretion of the police understanding of the meaning and characteristics as well as the existence of administrative discretion on the need for police analysis.The second part of this article:The origin of Internal Control for police administrative Discretion. Reason for making administrative discretion of the police internal control is based on reflection of external control path.This part concern the three performance abuse of police administrative discretion in first. That is beyond administrative discretion, inappropriate exercise of administrative discretion, and do not exercise or delayed in the exercise of administrative discretion. Then analysis the current through legislation, judicial review, the conventional way.the last, analysis the above shortcomings in-depth.The third part of this article:The relying of Police administrative discretion. Discretion in police administration and internal control can not be made out of thin air, in the discretion of the police under the main concept of the internal control analysis, based on the contents of this section is committed to the discretion of the police administration to find the basis of internal control, including Police administrative discretion of the professional internal control, initiative, timeliness and other natural advantages, the police received administrative discretion and political science, ethics, and theoretical support for the concept of governance and the rise of the police and the police role in the transformation of other practical objectives Boost conditions.The fourth part of this article:the idea of administrative discretion Constraints from the police themselves. This section is the main purpose in this paper, in accordance with a logical order of the pre-control, a matter of control, and afterwards control.the author’s superficial vision can not cover all the possible means in controlling police administrative discretion, more the idea remains to be further explored and discovered.Conclusion:In this paper, the meaning in researching police internal control of administrative discretion is descript again, particular emphasis on the purpose of this study is not a negative to the external control.