The Study On The Legal Control Of Police Administrative Discretion

As an important part of the organization of China's administrative power system,the administrative discretion of police in maintaining social security,role of the complicated and changeable social situation with the positive,especially with China's economic and social development,the social environment of profound change,various contradictions and disputes showed a trend of diversification.Objective based on this social background have the police administrative discretion has the reality.However,in the process of the implementation of administrative discretion to exercise,because of personal legal awareness is not high,the temptation of fetters and other factors,so that the deviation in the free exercise of police power against the material,personal or social interests.Therefore,how to effectively regulate the administrative discretion of police has become a common topic faced by the industry.In this paper,the police administrative discretion legal control as the research object,firstly the basic theory of the police administrative discretion were introduced,including the administrative discretion of the basic principles of the origin and connotation of administrative.discretion and the nature of administrative discretion and the the police administrative discretion control;secondly,the necessity to control the administrative discretion of police are described respectively from two aspects of external demand and internal demand is introduced to control the police discretion reality necessity;again,analyzed the police administrative discretion I in the right amount and the status of the existing problems;fourth,the foreign police administrative discretion were investigated,which mainly introduces the civil law and common Law System settings and legal provisions in this aspect;finally,according to the existing police administrative discretion in our country the amount of exercise of the right to the problem and drawing on foreign experience,put forward some measures to promote the police administrative discretion in our country the right to further regulate.