Research On The Administrative Discretion Supervision In Fire Law Enforcement

Administrative discretion is an important content of administrative power,reasonable use of administrative discretion to achieving goals, maintaining social order,protect public interests and personal interests is of great significance. For fire lawenforcement, the significance of administrative discretion are equally important, both inthe administrative licensing, administrative punishment, or is involved in theadministrative compulsory use of administrative discretion, the use of reasonable goodadministrative discretion to make up for the lack of laws and regulations, effective playsubjective initiative of the law enforcers, effectively improve the administrativeefficiency and achieve the purpose of fire law enforcement. But due to the externalenvironment and institutional defects such as the influence of unfavorable factors, plusadministrative power itself is susceptible to corrosion, so the fire law enforcement ofadministrative discretion may there be abused. Therefore, should not only admit theadministrative discretion to the important role of fire law enforcement, but also to seeonce the administrative discretion is improper use may cause harm. Therefore, we muststrengthen the system construction, strengthen the monitoring of fire law enforcementof administrative discretion, to play its positive role, effectively limit the harm, andeventually promote the realization of the fire law enforcement purposes.In China to strengthen construction of fire law enforcement of administrativediscretionary power monitoring system has also made many beneficial exploration, onthe one hand, on the outside of the fire law enforcement agencies through perfectinglegislation, set up the system of administrative supervision and administrative litigationand administrative reconsideration relief means such as monitoring for fire lawenforcement of administrative discretion, on the other hand, strengthen the constructionof law enforcement system, strengthening internal supervision and improve lawenforcement quality means start from inside the fire law enforcement surveillance onfire law enforcement of administrative discretion. Although these methods and meanscan to a certain extent, reduce the fire law enforcement of administrative discretion isthe risk of abuse, but there are still many problems and loopholes, not comprehensive tomonitor fire law enforcement of administrative discretion. Therefore, the authorsuggested that shall establish a system of fire law enforcement administrativediscretionary power monitoring system, including legislation monitoring, themonitoring of judicial, administrative monitoring and other aspects, and the actual situation of our country, but also focus on strengthening the construction ofadministrative monitoring system. Only in this way, can effectively regulate the fire lawenforcement comprehensively the operation of administrative discretion, realizeadministration according to law.