On Controlling Police's Administrative Discretion

Police is closely related to each person's life in society, SO the police right became undoubtedly one of the most powers worthy of attention in administrative power. Police administrative discretion is the most significant and special part in all police's powders. The legislation gives the police certain administrative discretion, which is beneficial for the police to quickly deal with administrative matters, improve working efficiency, and protect legitimate rights and interests of relative person timely and effectively. However, if carrying out the police administrative discretion in an improper way, it is very easy to bring damage to administrative relative person and do harm to legal system, whose sequence is even not worse than administrative delinquency. The essence of power expansion has repeatedly warned us that there must be regulation to control power. Therefore, strengthening researches to control police's administrative discretion in case its abuse is not only the important task for the theory cycle and police circle, but also the important content for the police to form good police public relationships so as to form nomocracy state and harmonious society. This thesis is divided into four parts as follows: the first part stipulated the definition and characteristics of police's administrative discretion together with its justice and existing value; the second part compared and discussed the appearance, development, relevant laws, and relevant systems of police's administrative discretion in some foreign countries (mainly Germany, Britain, and the United States). Except that, it analyzed and commented China's current police administrative discretion; The third part stipulated the main existing fields of police's administrative discretion as well as the negative functions to cause easily put forward the necessity, basic approaches, and main content to practice legal control, analyzed the existing defects and disadvantages in legislative control, process control, and judicial review, and pointed out some puzzling during the control of police's administrative discretion; the fourth part put forward the hypothesis of establishing the power-controlling system which would be controlled by laws mainly and society complementarily. Moreover, on the basis of analyzing the connotation and significance to social control, this thesis also put forward some private viewpoints on establishing the power-controlling system for police's administrative discretion.