The Research On The Supervision Of Public Security Organization’s Discretionary Power

This article uses the literature research method, survey method, case analysis of the basicconnotation from the public security organization discretion with focuses on the analysis of thepublic security organizations to exercise discretion problems existing in, and puts forward some countermeasures to solve the problem.The paper believes that, the public security organization discretion, public security organizations areone in the administrative law enforcement discretion, namely the choice of behavior way,scope, type, amplitude etc.. The public security organization with the discretion of the special attribute of the subject, the nature of the administrative, the source of the legal, the discretion of the circumstances, the rapidity, the existence of widespread, the exercise of the freedom, the functions of the cross characteristic. The public security organization discretionincluding discretion, administrative punishment amplitude discretion, administrative mediation, civil mediation discretion discretion compulsory measures selection. The public security organization with the discretion of the special attribute of the subject, the nature of theadministrative, the source of the legal, the discretion of the circumstances, the rapidity, the existence of widespread, the exercise of the freedom, the functions of the crosscharacteristic. The public security organization discretion including discretion, administrative punishment amplitude discretion, administrative mediation, civil mediation discretiondiscretion compulsory measures selection.The public security organization discretion supervision system includes the restriction and the surveillance restriction and supervision and internal external public security organizations, the public security organization discretion restriction and supervision deficiencies still exist. The basic functions of the public security organization of supervision and restriction of discretion, there are three main points: specification of the police act, safeguard the legitimate rights and interests of the administrative relative person and promote the public security organizations toimprove the efficiency of administrative law enforcement. Strengthen the public securityorgan discretion has an important significance in supervision, supervision strengthening public security organization discretion is the inevitable trend of comprehensive of the rule of law,is to promote the construction of law enforcement standardization important guarantee, is the essential way to solve the existing problems.Problems, the public security organizations to exercise the discretion also ultra vires exercise,abuse, passive exercise, this is mainly because the relevant legislation lags behind, on the administrative discretion supervision is not in place, the main law enforcement law enforcement awareness is not strong.The public security organization discretion supervision, can take the legislative restriction and supervision, administrative supervision, judicial supervision and restriction, social restriction and supervision. The establishment and perfection of the public security organization discretioncontrol methods and ways of supervision mainly include: the establishment of discretion standard system, to regulate the public security organization discretion standard and scope; to promote the reform of the management system, improve the internal supervision system;the establishment of the accountability system, strengthen law enforcement faultaccountability efforts; to perfect the system of selecting talents, to improve the quality ofpolice law enforcement; the establishment of the publicity of police affairs and feedbacksystem, strengthen the external supervision.