On The Regulation Of The Discretionary Power Of Administrative Detention

The discretion of administrative detention is the administrative punishment discretion unique to public security organs that restricts personal freedom,and is widely used in administrative management.The discretion of administrative detention satisfies the needs of modern service administration,and its existence has a legitimate basis.The right not to have any regulation is bound to be abused.Administrative detention is the most severe means of punishment,and once the discretion of administrative detention is abused,it will inevitably infringe on the personal rights and even the right to life of the administrative counterpart,affecting the stability of social order.In the context of comprehensively ruling the country according to law,the construction of a rule of law government must put government power into the cage of the system and ensure that power runs on the track of rule of law.Therefore,the regulation of administrative detention discretion must be strengthened.However,there is little research on regulating the discretion of administrative detention in China,and the relevant discussion mainly revolves around administrative discretion.On the basis of drawing on the study of administrative discretion,this paper explores the discretion of administrative detention of public security organs.This paper first defines the relevant concepts and clarifies the meaning of discretion in administrative detention;the second part analyzes the legitimacy basis of the discretion of administrative detention,and affirms the rationality of its existence from the perspective of the rule of law,fairness and justice,and practical needs;the third part analyzes the main manifestations of the current abuse of administrative detention discretion by public security organs and analyzes the reasons for the abuse of discretion;the fourth part expounds the theoretical basis for regulating the discretion of administrative detention,and proposes specific measures to regulate the discretion of administrative detention.