Internal Control Of The Policemen Administrative Discretion

In the fourth Plenary Session of the 18 th CPC Central Committee,the "rule of law" as the theme,and gradually promote the formation of a comprehensive rule of law."Governing the country according to law,administration according to law,ruling by law" is a clear requirement at the national level,the government level,the social citizen level.In the deepening of administration according to law,"promoting a number of major issues in the decision" clearly pointed out that the rule of law,"the establishment of administrative discretion benchmark system,refine,quantify administrative discretion standard,standardize discretion scope,type and scope." This is the basic of the administrative discretion in the legal framework.Administrative discretion is a legal or reasonable based on administrative behavior made of discretion right in the type and extent of punishment is to choose a certain space,because before the administrative discretion be explicitly stipulated in the scope,type and scope,so administrative discretion will inevitably be the influence of subjective factors.For example,some administrative penalties,"less serious","serious circumstances" and "serious" of that times,but because the statutory conditions does not specify the seriousness of the cognizance of administrative discretion,so volatility is relatively large,and even the emergence of administrative discretion over the issue,and even discretion the right of the abuse of administrative discretion,causing significant loss of fairness and justice."Promoting a number of major issues of governing the country according to law" decision of the norms of discretion standard,scope,type and scope,provides an important basis for the enforcement of administrative law enforcement efficiency and enhance the level of standardization,it will greatly reduce the breeding of corruption of administrative law enforcement.As a kind of special administrative power,the police administrative discretion has its objective necessity.There are also inevitable abuse in the exercise of control,exercise the power of administrative discretion of police is the inevitable requirement of modern society underthe rule of law,so how to improve the administrative discretion benchmark and how the police administrative discretion more effective and more direct control is the focus of this study.The first part of this paper is from the process of the police administrative discretion begins,with the period of research on police administrative discretion definition,summarizes the basic elements of the police administrative discretion,and concluded that the definition of the police administrative discretion,and analyzes its characteristics this.Through the study on its definition and characteristics,analyzes the existing police administrative discretion basis and in practical application,from the point of view of the police administrative discretion of the meaning of sorting out and improving.The police administrative discretion is the most common power in the daily work and law enforcement of the people's police,because it is a form of power,it is inevitable in the exercise of the problem.The second part of this paper is to study the police administrative discretion exists in the exercise of the problem,through the study found that the core issues such as lack of too large,the police administrative discretion space to exercise discretion in violation of procedures,constitute the police administrative discretion problems,and these problems are multiple and universal,so how to control the exercise and control of the police administrative discretion is the key to solve the problem.The third part is about how to control the administrative discretion of police were analyzed briefly,control of the police administrative discretion is divided into internal control and external control,although the external control of the police administrative discretion has more force,but the external control is the main public security organs outside the administrative organs or social organizations to supervise the public security organs and people's police discretion of supervision,lack of understanding of the police and police work,so the external control way more or less there will be some limitations,but internal control because of its initiative,professionalism,timeliness,prevention etc.that is from many aspects and angles for the exercise of administrative discretion control control methods,it not only make up for the external control mode And in the control of the police administrative discretion has the non substitution.Therefore,it is the key to solve the problems in the exercise of police administrative discretion to construct the internal control system of police administrative discretion.The police administrative discretionary right of internal control system in the fourth part,through the improvement of law enforcement procedures,refine the discretion standard,strengthening the police training system,implement the responsibility system,the establishment of the administrative system in practice investigated and added,so that a complete set of police administrative discretion in the internal control system,more direct and effective to the police administrative discretion and control constraints,to solve the limitation of the external control of the police administrative discretion exercised to guarantee fairness and justice,also hope to pass on the police administrative discretion in the research of the internal control,for the future of this kind of research scholars to provide a theoretical reference through this,scholars and law enforcement with rich theory of administrative law in China to contribute.