On The Control Of The Discretionary Power Of Fire Administrative Punishment

The rational use of administrative discretion, not only related to the legitimate rights and interests of the administrative counterpart of the fire, the fire supervision and management efficiency, but also related to the realization of fairness and justice and goal of the rule of law. In the practice of law enforcement, the nature of the fire administrative discretion itself and the quality of law enforcement personnel uneven two reasons, so that the fire administrative discretion there is always the risk of abuse. Therefore, with rationality at the same time in the presence of fire that administrative discretion, through the design of the system of effective regulation, it plays a leading role, limit the harm, will help to promote the construction of fire protection law enforcement standardization. Referring to the relevant administrative at home and abroad Based on the theory of discretion control, combined with the practice of the management of fire supervision, using the method of comparative study, normative research method, empirical research method, analysis of the existing form of our fire administrative discretion, characteristics and necessity of their control, introduces the method of Beijing city fire control administrative discretion. Then analyzes the statusof China's fire control administrative discretion and shortcomings, finally proposed consummates our country fire control administrative discretion. The author advocates to follow the principle of legality, the principle of rationality, the principle of precedent, the principle of ordinary rational, basic principle of minimum damage of legal principles, including the establishment of a legislative control, Judicial control, program control, social control system, including the system of monitoring system, so as to fully and effectively regulate the operation of fire administrative discretion.The first part describes the composition of the fire administrative punishment discretion theory, connotation and characteristics from the administrative discretion of the conclusion:the fire administrative enforcement discretion as a discretion, the concept must not be divorced from the discretion of the substance. The author thinks that the connotation of connotation the fire administrative punishment discretion can be summarized as follows:the fire control institutions of public security organs in the administrative law enforcement activities, in laws, regulations, principles and scope of regulations in violation of fire Anti law, regulations of the act according to the administrative relative person's illegal facts, circumstances and consequences, choose the type and magnitude of the power to make administrative punishment. It is legal, specificity, universality, independence, selectivity.The second part discusses the rationality of the fire administrative punishment discretion exists in practice. Widespread administrative discretion is the inevitable development of modern society and administration. Modern administration expansion constitutes the existence of administrative discretion of the external conditions, the limitation of statute law constitutes the source of administrative discretion right.The third part of the fire administrative punishment An empirical analysis of the abuse of discretion. Administrative discretion is a double-edged sword, a party has its rationality, on the other hand there is abuse and corruption. The nature of things is the case, any of a moral creature, any organ, any a man has his own will when they hold the power, especially when this power is subject to a constant return to that he has determined the law and order of the higher rights when they constantly strive to make it will achieve a dominant position.The fourth part puts forward the measures to control the power of the administrative discretion of fire control, to start with the practice of Beijing City, The analysis has control of the fire administrative punishment discretion of rules and regulations, and then put forward the author's own views. The first to the legislative control, the main contents are the following:one is to establish a sound system of fire laws and regulations, to narrow the scope of the existence of fire administrative discretion; two is the current regular fire laws and regulations clean up, to ensure a coordinated internal legal system, to avoid confusion in application; the three is to strengthen the legislative interpretation, through the case to solve and constantly improve the system of fire laws and regulations; the four is to improve the administrative procedure legislation, procedural justice by restricting fire administrative discretion; five is through legislation to expand the administrative litigation The scope of accepting cases, convenient relative administrative proceedings against illegal and improper fire administrative discretion behavior. Then the program control, the main contents include the following four aspects:one is through the establishment of discretion standard range of fire administrative discretion to make appropriate limits; two is the program through the perfect things, promote self-discipline the internal fire control institutions of public security organs; the three is to perfect the internal supervision mechanism, ensure the reasonable exercise of administrative discretion; the four is to strengthen law enforcement capacity-building, and strive to improve the legal quality of fire law enforcement personnel. Then our method controlled by lawsuits, review of administrative discretion, determine whether the administrative discretion is abused,. A corrective justice to control administrative power to maintain the rule of law and social control, requirements of various stakeholders through extensive consultations, rational dialogue to participate in the process of administrative discretion in the past, prompting the government discretion to help promote social welfare, and can effectively prevent the abuse of discretion. Through the improvement of public participation mechanism against the power with the right. At the same time, the development of modern media, the news media supervision has become a vital force of legal control over administrative discretion. Finally realizes the control and specification of fire administrative discretion.