A Study On The Proportions Of The Disc Retion Of The Police Administration

As a "principle of Emperors" in the field of administrative law,the principle of proportionality can effectively control the exercise of state executive power,prevent abuse of administrative power and protect personal legit imate r ights and interests.Since twenty-first Century,in order to cope with the increasingly complex law enforcement environment,the police have exercised more and more discretion in the administrative law enforcement activit ies.The rational exercise of the administrative discretion of the police is conducive to the pursuit of the pursuit of police administrative law enforcement activit ies,and the balance of public and private interests.The improper exercise of the discretion of the police will cause great damage to the private interests and destroy the social just ice and justice.Therefore,how to control the administrative discretion of the police is a difficult problem to be solved in the constructio n of a modern country under the rule of law.According to the principle of proportionality as the theoretical basis,and give full play to the principle of proportionality has tools to evaluate the value of existence in many aspects such as legis lat ion,law enforcement and supervision of the police administrative discretion,structure configuration,exercise a disproportionate share of problems,and on this basis put forward suggestions to perfect the administrative discretion of the police.The right to construct our proportion from legislation,supervision.The first part is the basic part of the theory.This paper analyzes the origin and connotation of the principle of proportion and the administrative discretion of the police.This paper discusses the th ree lower order principles of the principle of proportionality,namely,the principle of appropriateness,the principle of necessity and the specific content of the principle of the narrow sense and the relationship between the three.This paper defines the definit ion,scope and characteristics of the administrative discretion of the police,and distinguishes it from the general administrative discretion.It is clear that the scope of the administrative discretion of the police includes abstract administrative behavior and specific administrative behavior.By classifying the discretion of police adm inistration,we investigate the factors that influence the exercise of police administrative discretion.Finally,we conclude the inherent relationship between th e discretionary power of police administration and the principle of proportionality.This paper discusses the justif iable basis of the discretion of police administration,and expounds the theoretical and practical signif icance of constructing the power of administrative discretion with the principle of proportionality.It is necessary to make a definite proportion of the administrative discretion of the police.The second part,based on the principle of proportionality,examines the defects in legis lat ion,law enforcement,judicial supervis ion and police adm inistrative discretion setting,which leads to the imbalance of police administrative discretion.There are laws and regulations relat ed to the police administration in the administrative discretion of police and police administrative measures the strength of the size of a disproportionate share of the problems in legislat ion;in violat ion of the principle of proportionality in law enforcement,the exercise of the police administrative discretion improper phenomenon;the absence of the principle of proportionality as judicial supervis ion,supervision by the police adm inistrative discretionary power of softening.The police administrative discretion as a result of improper exercise easily,and may cause damage to the interests of personal power,but no supervision of proportionate allocation;the police administrative discretion standard making process and allocation of power out of proportion,on the one hand,the police behavior is a kind of abstract administrative act,but also reflects the formulation the police administrative discretion,and enjoy making subject benchmarking configuration discretion out of proportion,on the other hand,the violat ion of the principle of proportionality of the police administrative discretion,will lead the police administrative discretion size out of proportion.The third part,aiming at the problems raised in the second part,puts forward suggestions for solving this problem so as to complete the proportion construction of police administrative discretion and guide the police to exercise administrative discretion.The legislative structure of the discretionary power of the administrative discretion of the police is dynamically adjusted by the use of legislative interpretation.Changing the mode of legis lat ion,emphasizing the guiding role of the principle of proportionality in legislation,rationally applying the instrumental value of the principle of proportionality,and taking the principle of proportionality as a standard for judicial supervision to examine the discretionary power of police administration.The establishment of a flexible operat ion,the intensity of judicial review of supervision,increase the judicial supervision of the administrative discretion of polic e force,police supervision and administrative discretion that conforms to the proportion between the size requirements of right;perfecting the police adm inistrative discretion formulated subject and power ratio with configuration,introduce the principle of proportionality as the reference standard construction,the proportion of police administrative discretion in size;by comparing the police law enforcement exemption system in other countries,put forward some suggestions to establish the law enforcement exemption system of our country,in order to improve the enthusiasm of individual police exercise police discretion.