Research On The Control Path Of Police Administrative Discretionary Power

In the ordinary course,legal circles believe that the discretion of the interpretation of uncertain legal concepts and the resulting legal effects is collectively referred to as "discretion",the research of discretion began to expand to the realistic level as the expansion of the research scope of discretion.In social life,the police law enforcement behavior has a close relationship with everyone's life,its administrative discretion is also the most active branch of power in the field of discretion.Necessary police administrative discretion plays a vital role in safeguarding national security,public order and the legitimate rights and interests of citizens.However,the discretion space of police in the administrative field is huge as a result of it is influenced by such many factors as the omission of legislation,the incompleteness of judicial and administrative review,the absence of police ethical system,the imperfection of supervision system,and so on.Discretion anomie often occurs,a fact affects the process of rule of law and the authority of public authority,and counts against the protection of human rights and the formation of a good relationship between the police and the people.Therefore,the research on the control path of police administrative discretion is a subject that the administrative law circle must face up to.This paper gives a new definition in terms of the police administrative discretion,and advocates to guide the necessary administrative discretion in a normative way and eliminate the unnecessary discretion.The paper is divided into four parts:the first part introduces the concept of police administrative discretion by the internal definition of discretion,and explain its category and the principles to be followed in the process of exercise;the second part implements discussion from the two aspects,the rationality of police administrative discretion construction and the necessity of limitation,and expounds the reasons for its existence and need to be controlled;The third part selects countries with relatively theoretical system of extraterritorial police administrative discretion,such as Germany,France,Japan of the civil law system and the United States,Britain of Anglo-American law system,and implements review and analysis of relevant systems.The fourth part draws lessons from the related theories of extraterritorial countries.This paper attempts to put forward that take legislation and case guidance as the core to formulate the benchmark mode of discretion,so as to improve judicial review mechanism and establish external control mechanism of police administrative discretion,so that promote the building of police ethics system standard,and construct supervision system and other specific control measures with the aim of promoting the effective exercise of police administrative discretion.