Analysis On The Control Of Police Administrative Discretion

At present,China is promoting steadily the integration of the law-based country,the law-based government,and the law-based society.The law-based country is first and foremost a country whose power is regulated.However,power has natural expansion.In the huge administrative power system,the exercise of police power involves every aspect of society,touches every corner of our study,work and life,and it is also a hot issue that academia pay close attention to.Article 6 of the People's Police Law stipulates that the public security organ is responsible for 14 statutory duties and has a large and wide range of law enforcement powers.As the executor of the national will,the police are an important part of the state's power and bear the mission of protecting national security,safeguarding social justice,and ensuring social stability.Moderate discretion is conducive to comprehensively mobilizing the police's subjective initiative,fulfilling the administrative goals and the need of the rule of law,and meeting the needs of the society.At the same time,it leads the police to use the discretionary space given by the law to seek private interests and influence the realization of substantive justice.Therefore,effective control of police administrative discretion has important practical significance,which is not only conducive to the realization of reasonable administration,but also conducive to the stability of society.This article first elaborates the police administrative discretion,then analyzes the problems of police administrative discretion,and finally proposes a perfect path of internal control and external control.Internal control from improving the administrative reconsideration system,strengthening the internal supervision mechanism,and implementing the system control.External control include improving legislative control,improving judicial review,and strengthening social supervision.The relevant path proposed in this paper,combined with the hotspots of the current rule of law construction,such as the standardization of public security law enforcement,the establishment of independent reconsideration agencies,internal control and other concepts,strengthening the diversity of legislation,improving the effectiveness of judicial review,are all effective ways to control the police administrative discretion.