Discretion In The Public Security Administration Punishment

As the expanding of the administrative powers,the administrative discretion has been applied more and more often.How to prevent the abuse of administrative discretion has become an important issue in administrative law.To analysis the standard and procedure for administrative discretion is with huge theoretic meaning.The thesis will leads out the structure of the theory for the provision and the standard of administrative discretion in public security administration punishment,which are: discretion must be given to the police in dealing with punishment and the power must be executed in an uniform way national wide.That is because the police power is a special administrative power which requires the police to act actively and consider the totality of the each public security administration cases.Thus we should loose the standard to review the police punishment in the substantive aspect,while it is also necessary to strict the procedures for police public security administration punishment.According to the author's working experiences,this essay summarized the situation of cases where the discretion were regularly exercised and the real problems in the practice.The discretion can be used to decide the nature of the case,the seriousness of the case,the liability of the case and the procedure of the case.And thus because the law is abstract in those situation and the discretion could be abused and thus require regulation.