Research On The Legislative Control Of The Discretionary Power In The Penalty Of Public Security

The 18 th Party Congress clearly pointed out that it is necessary to further improve the power operation control and supervision system so that the relevant government departments can work according to the authority given by law.The Third Plenary Session of the Eighteenth Central Committee made it clear that the power to turn the system into the cage to enhance the transparency of the exercise of power.The Fourth Plenary Session of the Eighteenth Central Committee made it clear that the power should be fully ensured in the legal framework.For the public security organs,it has the discretion to belong to the scope of administrative power,must be subject to the corresponding constraints,it is no doubt things.The power of the public security organs from the law,designed to fully ensure the rights and interests of managers,and to ensure the authority of the provisions of the law,the rational exercise of the power to a large extent determine the interests of the public and the whole society harmony.In the current context of China’s economic and social development,the public security organs of the security management punishment as an important part of social construction,has its inevitable real needs,and guide the rule of law China’s sustainable development.However,in the public security organs of the process of public security punishment,because it is impossible for specific matters are very specific and detailed,coupled with some of the internal differences and external differences,which also caused the public security organs in the specific law and order will inevitably Need a certain discretion,and how scientific,standardized and legitimate,legally the use of discretion,is the current public security organs of our public security organs of a practical problem.At present,it is unavoidable that,due to the relatively lagging legislation and some deficiencies in the specific law enforcement process,some public security organs in the law enforcement of the discretion of the excessive or too wide,to the interests of the public and social public order Causing some damage or injury,and in the community caused some more negative impact.This is the current reality of China’s legislative and judicial difficulties.Based on this,the focus from the legislative level to strengthen the management of public security law enforcement,reduce the adverse effects of the formation of the work,so that the public security organs to carry out more standardized work,which will help its credibility continue to improve and promote law enforcement and rule of law administration.In this paper,the use of literature research,research methods,case studies and other methods to study the public security organs discretion legislative control.The thesis mainly includes three parts: the first part,summarizes the administrative discretion and the legislative control of the public security organs,discusses the legal content and the types of the discretionary power of public security punishment,the rationality of the legislative control of the discretionary power in the punishment of public security administration,The second part,combined with the relevant cases,discusses the current situation of the administrative discretion in the administration of public security in China,and the main reasons of the administrative discretionary power in the administration of public security in China.The scope of the relevant legislation,including the administration of public security,the scope of the relevant legislative authority is broad,the violation of public security management behavior and the nature of the provisions of the provisions of the details of the provisions of the law and order management of the provisions of the more vague,,The provisions of the procedures for the punishment of public security management is not perfect,for the administration of the discretion of the discretion to exercise improper responsibility for the lack of security management laws and regulations there is a conflict between the law and order administrative management of democratic participation to be improved;The third part,from the legislative point of view,put forward the administrative security discretion in the administrative discretion of the legislative control of the countermeasures and suggestions.First,efforts to build a unified law and order management and punishment of the legal system,including the law and order to adhere to the principles of law and order,and strictly stipulate the prerequisites and scope of the discretionary punishment of the security management,,To promote the refinement of law and order management of the discretion of the legal responsibility of the law,to strengthen the legislative interpretation,clean up and revise the legal norms to solve the problem of conflict of laws;the second is to promote the standardization of public security management procedures and scientific,including the improvement of public security management punishment Discretionary program design,strengthen the security management of the discretion of the scope of the scope of the mandate of the design,to strengthen the administrative management of civil administration in the administrative participation;third is to actively promote the punishment of the discretionary power of the benchmark system,including a clear set of discretionary discretion The rule of law,the punishment of the rules and regulations,the rules and regulations for the establishment of the rules and regulations,and the current practice of advancing the benchmarking system of China’s public security administration,and thus promoting the realization of "rule of law in China".