The Research On Control Of Fire Administrative Discretion

Discretionary behavior always run through the process of fire administrative law enforcement.Public security fire control institutions could reasonably use of fire administrative discretion is directly related to the efficiency and quality of the administrative law enforcement,and the rights and interests of the administrative counterpart.It also relates to people's lives and property safety,and the concept of"ruling the country by law".It is no doubt that fire administrative discretion has its own rationality and necessity,for its own institutional strengths and the practical needs of the fire fighting.However,the fire administrative discretion known as a kind of administrative authority,it has a inherent susceptible to corrosion.Our country's setting of fire administration also exist institutional defects,at the same time,fire laws and regulations are not perfect,these leads the abuse risks of fire administrative discretion.Therefore,a reasonable and effective control of fire-fighting exercise of administrative discretion,a exerting of institutional strengths,avoiding the harm of power abuse,can be necessary and useful.The author introduction Fire administrative discretion of the basic theory firstly.Then the author summarize the advanced experience by generalizing the representative countries legislative measures of two legal systems for the control of Fire administrative discretion.The author set out the legal norms about Fire administrative discretion in China and work out the shortage of it.The author Put forward the proposal as follows:Establish legal principles,such as principle of reasonableness,principle of proportionality,responsibility administration principle,principle of due process,principle of administrative openness,principle of administrative justice and administrative participation principle.Establish comprehensive control system including legislative control system,administrative control system,social control system and judicial control system.Through the above ways,the Fire administrative discretion can be controlled effectively.