Study On The Legal Regulation Of Discretion Abuse In Public Security Administrative Penalty

The public security organ is an important sector in the social governance,law enforcement personnel of public security organs in the exercise of public security administrative punishment discretion is an important sign of the public security organs to participate in social governance activities,the public security administrative punishment discretion is widely applied to the public security organs in the process of handling cases of public security.Because of the widespread use of the public security organs' power,the abuse of administrative law enforcement activities will inevitably occur at a high frequency.Therefore,in-depth study of how to effectively play the public security administrative punishment discretion positive value,how to effectively regulate the exercise to avoid its negative harm although in theory is not creative,but combined with the new situation of the new law enforcement practice,to comprehensively promote the rule of law under the background of proposed targeted measures is a reality important,only the correct and appropriate use of public security administrative punishment discretion,effective control of public security administrative punishment discretion to regulate the exercise,the power caging system,can improve the efficiency and level of the public security organs handling cases of public security according to law,to achieve fairness and justice have the right to not be capricious and maximum the limit,so as to comprehensively promote the rule of law,building a moderately prosperous society gather positive energy.In recent years,with the improvement of the administrative process according to law,the discretion of the administrative penalties for public security has gradually been standardized.Outstanding performance in the public security administrative punishment discretion by specific norms in the "Public Security Management Punishment Law",legal regulation than the obsolete regulations "to" public security management punishment discretion has made great progress.Public security organs at all levels have continuously improved the system of police publicity and promoted a number of public security management matters.The law enforcement basis,administrative system and law enforcement procedure of police service,the process and result of law enforcement are more and more included in the public affairs.For the promotion of the public security organs according to law and establish perfect internal supervision mechanism,people more understanding,support and supervise the work of public security has an important positive significance,especially for the public security administrative punishment discretion control to a certain extent the abuse has played a role can not be ignored.But the widespread attention in the circles of theory and practice of the law enforcement is not as chaotic as the law enforcement injustice,lax enforcement,chinakayao problem can not be solved effectively,the existence of a reason for these problems is that the public security administrative punishment discretion abuse.The reasons for the abuse of discretion in public security administrative penalty include imperfect legislation,imperfect standard of adjudication,nonstandard internal control,external control of public security administrative discretion and imperfect supervision mechanism.How to theoretically form practical research results,and make effective regulation of discretion,and play its greatest value,needs in-depth study.The purpose of this paper is to provide a solid theoretical support and a modest contribution to legislation and law enforcement practice through in-depth study of this issue.This article is divided into three parts.The first part is the basic question of the discretion of public security administrative penalty,including the meaning and value,and the question of what is the discretionary power of the administrative penalties for public security.The second part is the abuse of discretion in public security administrative penalty.Mainly lists the performance,analysis of the reasons,that is,the administrative penalty discretion "why" to regulate the issue.The third part is on the public security administrative punishment discretion right legal regulation reform and perfect regulation mechanism,put forward our country public security administrative punishment discretion,solve the public security administrative punishment discretion abuse to regulation,namely "how to do" problems.