Studies On The Ethical Regulation Of Police Discretion

The discretion of the police is the right of the police to make certain actions within the limits of the law in an appropriate manner.The particularity of the police's functions and status determines that although police discretion is similar to administrative discretion,it is not completely equivalent to administrative discretion.Police's discretion has a great role in police activities.It not only facilitates law enforcement,but also facilitates the realization of individual cases.However,the police's discretionary power is more difficult to be supervised by the law,leading to the abuse of discretionary power by the police.In order to effectively supervise the discretionary power of the police,from the perspective of ethics and administrative ethics,it puts forward a concrete method of regulating the police's discretion,which has very important practical significance for enhancing police moral consciousness and establishing the idea of police fair law enforcement.This thesis is divided into five parts.Chapter 1 explain the research background,research status,research methods and innovation of this paper.Chapter 2 is an overview of relevant theories.First,the concepts of related nouns are explained and analyzed.Then according to the different functions,the police's discretionary power is classified.Based on the combination of theory and practice,the rational use of police discretionary power and exercising principle are expounded in detail.Chapter 3 focuses on the analysis of the concrete manifestations and actual consequences of the abuse of police discretionary power.Combined with the actual practice of abusing the discretionary power in actual law enforcement,this chapter focuses on the analysis of the difference between "abuse" and "misuse" under the general semantics from the perspective of police law enforcement.And the consequences of the abuse of discretion by the police.Chapter 4 focuses on the analysis of the reasons why the police abuse the discretionary power from the perspective of ethics.It discusses in detail from the perspective of individuals,organizations and society.Chapter 5 discusses the ethical regulation of police discretion.Firstly,the necessity of ethical regulation of police discretionary rights is clarified.From the macro,meso and micro perspectives,it is necessary to explore and establish a sound and feasible moral system,and to use the power of morality to systematically regulate police discretionary powers.