Study On The Legal Regulation Of The Law Enforcement Of Discretionary Power In Police Alarm Reception And Handling

As the beginning of police administrative law enforcement,the alarm reception and handling play a vital role in maintaining social order and protecting the personal and property safety of citizens.The police officers have distinct characteristics compared with other law enforcement stages,such as the diversity of law enforcement environment.The urgency of law enforcement time,etc.,makes the administrative discretion of police officers widely exist in various administrative enforcement measures,such as administrative mediation,administrative enforcement measures,and administrative penalties.However,in practice,there are a large number of cases in which police officers and policemen cannot correctly apply discretion,resulting in excessive abuse and inaction,which seriously violates the legitimate rights and interests of citizens.The lack of relevant legal basis provides a soil for breeding this problem,which has not formed a complete theoretical system in China's police system.It has not been scientific,reasonable,and perfect in legislation,and has played an important role in police related powers.The "People's Republic of China Police Law" did not provide principle guidance for the administrative discretion of the police.The "lower law" had to "reinvent the stove".The rules and regulations introduced were varied and there was no uniform implementation standard.There were even conflicts in some places.The situation of the upper law.The dualistic pattern of police power followed by history has also provided rent-seeking space for the abuse of police administrative discretion.It is not uncommon to use the administrative law enforcement procedure to get rid of the criminal law,or to evade the deterrence of administrative litigation through criminal investigation.With the transformation of government functions,the police's service functions have been paid more and more attention.Under the slogan of "requisite and police must be answered",the role of police officers and police officers in the first line is increasingly blurred,and the insufficient police force is even more stretched.In this high-intensity work,the police officers at the bottom of the police sequence are prone to unbalanced,burnout,over-equivalent and excessive negative emotions,and do not expect to keep the "proportional principle" and "equilibration theory" in mind.The lack of internal and external supervision mechanisms has not been able to cope with the abuse of the administrative discretion of police officers.Police officers and policemen often perform law enforcement in the context of "will not be obeyed by foreign military orders." The superiors can hardly directly detect their violations of law and discipline,and It is extremely difficult for the administrative counterpart to obtain evidence.Unless it is a big case or a murder case of the "Lei Yang case" or "Yu Huan case",the abuse of administrative discretionary powers by the police and police will hardly be discovered,even if it is a "big move".It also has its own set of methods to circumvent judicial review.Therefore,we must focus on the two aspects of system guidance and legal regulation,so that the conscientious and diligent police officers and civilians can complete the tasks in a standardized,rapid,effective and safe manner,and also urge those police officers who turn professional ethics and law to ignore the law.Do not abuse administrative discretion and reshape the police professional outlook.It can be channeled by reasonably arranging the police force,implementing the police diversion mechanism,conducting business training,and safeguarding the rights and interests of all police officers and police officers.At the same time,when the "People's Republic of China Police Law" is about to be revised,it will be injected into the police administrative discretion.The principle kernel,and rectification of inappropriate local legislation and normative documents,based on the "110 Police Work Rules",as soon as possible,formulate a normative legal document at least at the level of administrative regulations,and sort out relevant procedures.Improve the internal supervision mechanism,reform the hearing system,give full play to the role of judicial review,appropriately expand the scope of administrative litigation,and make full use of external supervision.