The Regulation Of Administrative Detention Discretion

Administrative detention is a kind of administrative penalty stipulated in the law of the people's Republic of China on administrative penalties for public security(hereinafter referred to as "the law on administrative penalties for public security"),which can only be implemented by the decision of the public security organ.The violator needs to carry out administrative detention in the detention center,and his personal freedom is limited,which is the most severe administrative penalty.Administrative detention is widely used in the punishment of illegal acts against public security administration by public security organs.88.7%of the punishment provisions in the law on punishment of public security administration are applicable to administrative detention.When the people's police of the public security organ punish the public security cases,whether to apply the administrative detention and the specific time limit of the administrative detention are the concrete embodiment of the discretion of the administrative detention.The exercise of the discretion of administrative detention will help to improve the administrative efficiency,but if there is no reasonable regulation,it will seriously infringe the legitimate rights and interests of the violator.Starting from the overview of the discretion of administrative detention,the author analyzes the problems existing in the process of the exercise of the discretion of administrative detention by the public security organs through the combination of the experience and lessons of the grass-roots work of their own public security organs as well as the relevant theoretical knowledge of administrative law and consulting materials,and puts forward the regulation of the freedom of administrative detention from the aspects of the benchmark,the procedure and the supervision of the discretion The feasibility of the discretion of the proposal,with a view to regulating the exercise of administrative detention discretion,to protect the legitimate rights and interests of citizens.