Research On The Administrative Policy Guidance Of Police Force Discretion

Administrative policy guidance is one of the effective means to control the use of discretion by police force.The competent authorities guide the police through administrative policies,which can not only provide the police with the direction of the use of force under the specific social situation,but also provide the police with a more specific reference basis,and then effectively control the use of force by the police.Therefore,in the context of ruling the country by law,it is of great significance to ensure the legitimacy,rationality and scientificity of administrative policies for promoting the legality,rationality and effectiveness of police force discretion.This paper is divided into six parts to discuss.The first part describes the research background,research significance,research status,research ideas and research methods to clarify the writing direction of this paper.The second part defines the administrative policy guidance of police force use discretion,including police force use,police force use discretion,police force use discretion and police force use discretion.Through the definition of related concepts,the meaning and function of the administrative policy guidance of the police force discretion are further clarified,and it is clear that the administrative policy can control the police force discretion on the premise of the guidance function.The third part discusses the advantages of administrative policy in controlling the use of police force.Compared with legislative control and judicial control,administrative control has a series of advantages,and further analyzes the advantages and disadvantages of other control means included in administrative control,and believes that administrative policy helps to promote the use of police force discretion to meet the needs of the real society,make up for legal loopholes,and realize the protection of police force users.The fourth part discusses the mechanism of the effect of administrative policy control.The effect of administrative policy control comes from the theory of public organization and the principle of administrative self-restraint.Therefore,the police have sufficient motivation to abide by and implement relevant administrative policies.On this basis,it further analyzes the binding force of administrative policy,explains how the administrative policy guides the discretion of police force use by clarifying the type,scope and intensity of the binding force of administrative policy,and further discusses the deviation of administrative policy guidance.The fifth part discusses the negative effect of administrative policy guiding police to use discretion by force.Its potential negative effects mainly include aggravating sports law enforcement,breeding discretion laziness,promoting selective law enforcement,leading to discretion abuse,etc.Because of the different enforcement intensity before and after the implementation of sports law enforcement,it is easy to violate the principle of equality,resulting in the infringement of civil rights and interests.Discretion laziness is discussed from the perspective of purpose means relationship and method object relationship.It is considered that discretion laziness not only ignores the justice of individual cases,but also violates the principle of proportion,which needs to be faced up to.Although selective law enforcement is also a violation of the principle of equality,it is quite different from the sports law enforcement.It belongs to a kind of arbitrary and arbitrary law enforcement,which is easy to cause greater infringement on the rights and interests of citizens.However,the abuse of discretion is likely to lead to the police's passive inaction,and the result of discretion is too light or too heavy.The sixth part discusses the ways of rectifying the deviation of the administrative policy of the police using discretion by force,including the formation of good administrative policy,the applicable norms of administrative policy and the due position of judicial review.Among them,the public participation and the publicity of administrative policy should be emphasized in the process of administrative policy formation;the administrative guiding cases should be supplemented and the materialization of the subordinate policy to the superior policy should be emphasized in the process of administrative policy application;and the legitimacy review and rationality review should be introduced in the judicial review process to ensure the appropriate scope and intensity of the review.