Research On Basic Level Police Administrative Discretion In The Perspective Of Rule Of Law

Thirty years of reform and opening up tremendous development ushered in the consciousness of our citizens continue awakening democracy, rule of law concept deeply rooted. The party’s eighteen Fourth Plenary Session adopted the "CPC Central Committee on Promoting the rule of law a number of major issues," clearly put forward the rule of law and comprehensively promote the overall goal. The public security organs as an important administrative law enforcement agencies, the public security organs according to law is an important part of the rule of law is to ensure social stability and economic development of the objective requirements. The rule of law and administrative enforcement of administrative discretion is not in conflict, but not free to use any administrative agency, must be prescribed by law, within the scope of the mandate fair and reasonable use. Police Administrative Discretion is the public security organs in the law enforcement activities of the police in accordance with existing laws and regulations and under the authority of the law, the principle of fairness and justice and the legislative purpose, combined with their professional knowledge, subjective judgment, legitimate choose a kind of administrative discretion one of the most proper treatment decisions. Grassroots police directly deal directly with the people, we need to be involved to resolve social conflicts and coordinated more discretion and more use of wide range. Therefore, under the rule of law in our country’s overall background research grassroots Police Administrative Discretion issues, the grassroots will maintain social stability, improve the image of the grass-roots government, the public security organs to increase confidence has important practical significance.The use of the public security organs Police Administrative Discretion in everyday law enforcement effective and rational handling of various cases to maintain economic prosperity and the security and stability of our society, but grass-roots police administrative discretion application process there have been some problems, such as power abuse, contrary to justice and law enforcement. On the one hand we can not deny the positive significance of the police administrative discretion exists, on the other hand how to avoid these negative issues, to better control the police administrative discretion, to play an active role in an important issue to be studied. On the basis clarify the Police Administrative Discretion theory concepts, to Lipusiji street bureaucratic theory as a guide to the problems are analyzed and the corresponding countermeasures and opinions.Thesis is divided into four parts: The first chapter introduces the research background and significance of research methods, as well as related literature review describes both theoretical tools, as well as interpretation, innovation difficulties. The second chapter introduces the connotation of police administrative discretion, concepts, features and manifestations, including the police administrative discretion, including the necessity and significance of its existence. And strive to make everyone understand the Police Administrative Discretion from the concept. The third chapter of the problems currently encountered police administrative discretion were discussed, combined with street bureaucratic theory analyzes the reasons. The last chapter is through the theory with practical suggestions and countermeasures to control and regulate administrative discretion of the police, the two discussed the comments from the internal control and external control.