The Research On The Discretion Benchmark Of The Punishment To The Violation In The Field Of Public Security

In the year of 2004,the police department of Jinhua City, ZheJiang Province formally introduced the administrative discretion benchmark Mechanism into the practice of the Penalties for Public Security violations,after the Public Security Organs categorized,summarized and abstracted the local local law-enforcement agencies’ experiment and set standards for Penalties. The introduction leaded to the deeply research on discretion benchmark theory and the discussion for the Properness between the standards of discretion benchmark and the Penalties for Public Security violations. This article attempts to anglyze the example of the Penalties for Public Security violations discretion benchmark, which based on the Legal Features and carry out the research on the Discretion Benchmark of the Penalties for Public Security violations.The first part is about the Penalties for the public security violations, I would analyze the Public Security Violation Behavior and the concept of discretion,as well as their legal Features.The discretion is now been abused, what is the reason? What is the effect of Penalty Discretion Benchmark and other discretion? A discussion would be taken about the concept, character and validation of he Discretion Benchmark of the Penalties for Public Security violations based on the Chievements in Domestic. The second part will discuss the validity of the Administrative Discretion Benchmark and the Discretion Benchmark of the Penalties for Public Security violations. First investigated 10 cases of Thefting 、using fake ID and others that were dealed with local law-enforcement agencies about without discretion benchmark. I demonstrated the validity and necessity of Penalties for Public Security Violation discretion benchmark. Further more,I WILL try to find the imperfect portion of the Public Security Violation discretion benchmark though my analyze about discretion sample and the standard of file about the behavior of gambling. The third part I would explore some difficult problems as subject establishment, processes, technology structure, judicial reviews.my consideration and regulation advice would be raised up on legal subject,local law-enforcement agencies direction,special consideration, consideration of the influence beside the “bahavior” and the rules of someSpecific standards. And I suggest to give some right for Penalties Discretion Benchmark’s Judicial Review and t to make the jurisdiction Judgment as the the people’s cour obligation.finally i give some advice about how to build the standard of the Discretion Benchmark of the Penalties for Public Security violations...