The Research On Administrative Discretion Standard Of Public Security Agency

With the rapid development of modern economy, society, science and technology, responsibility and authority of government management of social life is expanding continuously, and the administrative agencies are being given more and more rights of administrative discretion. In the rights and responsibilities of modern government management of social life, the administrative discretion is essential. The focus of our concern is not only how to effectively play a positive role in the administrative discretion, but also how to avoid or try to maximize the negative Influence in it. One of the key issues of modern administrative law is the administrative discretion. As an important part of the administrative agency, public security agency and people’s police are the protectors of the people’s interests and the implementers of the will of the nation, the main function is to maintain social stability and protect citizens’ legitimate rights.In the administrative discretion, a very important part is one in the process in law enforcement work of the public security agency and people’s police. Public security agency assumes the dual responsibilities of administrative law enforcement and judicial work, which is an important part of our national law enforcement agencies, the exercise of administrative discretion is very necessary in the law enforcement process. In order to prevent the abuse of the administrative discretion in the process of the law enforcement work of public security agency and people’s police, at present, the public security authorities are trying to develop some standards of administrative discretion, in order to control the abuse of administrative discretion before and in the work of public security agency. In the system construction, although the public security administrative discretion can achieve legal control to a certain extent through administrative reconsideration or administrative litigation, but although the damage to the administrative relative person which caused by the abuse of administrative discretion of Public Security Agency could reach a certain relief effect though post control, yet still could not take precautions against the abuse of the public security administrative discretion by the public security agency. As the administrative discretion of public security agency has larger jurisdictions of choice, which could be easily abused in the law enforcement process, so it could lead to serious doubts to the public security agency by the administrative relative person. One of the primary tasks which should be performed urgently in the law enforcement work process will be the research, analysis and regulation of administrative discretion of public security agency, which can make it fully play a positive role, but also achieve the minimum control of its negative influence. Through in-depth analysis of existing problems and causes in the operation of the actual situation of administrative discretion of public security agency, together with the general principle and administrative law enforcement work of the public security agency in the administrative discretion, this essay tries to put forward some proposals for the understanding and the operation of administrative discretion of public security agencies. The full text consists of four parts:The first part introduces the concept, classification of public security administrative discretion and characteristics.The second part analyzed objectively existence of administrative discretion of public security agency and the necessity to control it..The third part of the analysis of the public security organs of administrative discretion in the use of existing problems and the existing problems are analyzed.Disadvantages of fourth parts with the public security organs of administrative discretion exists, put forward to legislative, administrative, judicial and social control as the breakthrough point, the public security organ way control and regulation of administrative discretion.