Analysis On Legal Regulating Police’s Discretion Of Administrative Summon

With the rapid development of China’s market economy and the process of the rule of law is speeding up, in order to better play the function of administrative management, and fulfill their social responsibility of management, the discretion increasingly become an important weapon for the administrative organ and its staff to perform the administrative functions. As the public security police administrative organs of the state,it is an important part of the state machine and an important tool of maintaining national stability and social order, as a result,more discretion should be endowed to it. The police’s right of discretion is rich in content, it shows us a variety of forms because of its function of diversification and the more process of handling cases. For example, the police in handling cases often involve summon slink.The police often abuse the discretion about the summon’s time and place and object with the discretion of summon in their hands. Analysis its reason, any power is in danger of being abused, the police at the discretion of the subpoena is no exception, which including legislation is too broad and has poor operation, more is in the process of law enforcement,the discretion in summon at work. Therefore, make the police at the summons of discretion free but not excessive and do the discretion to a proper extent is the purpose for police to effective exercise discretion in the summons. To this end,legislation, law enforcement, judicial all should do their parts,at the same time, it should be combined with the characteristics Of the legal to regulate and control the freedom of police’s discretion,so as to achieve the double target in using the summon legally and regularly and applicating the discretion reasonably.