On The Right Of Administrative Discretion In The Public Security Law Enforcement

Administrative discretionary modern administrative law is the core issue, he is like a "two-edged sword." If used properly, we can achieve justice cases;If used properly, it will greatly against the legitimate interests of the relative. The public security organs in the administrative discretionary enforcement is discretionary administration an important component of the public security administrative discretion subordinate administrative discretion. Public security organs are state law enforcement agencies important, shoulders the dual administrative law enforcement and judicial functions. In the course of law enforcement is necessary to use administrative discretionary. The public security organs in order to prevent abuse of the process of administrative law enforcement discretionary, the public security system has developed some are discretionary guidelines to engage in before, the point is to control administrative discretionary abuse.Administrative discretionary is a very complex and very difficult theoretical studies, this article only security discretionary enforcement of the administrative process to make a superficial exposition. Administrative discretion with other public security administration, for its exercise can have a positive, the positive effects;On the other hand, if used properly once more prone discretionary mismatches phenomenon will greatly administrative relative human rights violations, thus the administrative and legal system of our country will have a tremendous threat. Although administrative discretion in the country for many years of exploration experience, but also made some significant results. But the "PRC Administrative Procedure Law," some of the provisions of article 45 of the review of the criteria, such as abuse of power, just Hin missing;still lack detailed judicial interpretation, but in terms of law enforcement, appears to abandon or delay the exercise of power, such as the common issues, the main reasons for this phenomenon are less restrictive laws and regulations, Administrative enforcement procedures inadequate factors. For administrative discretion to carry out the necessary legal control is recognized by the national administrative law scholars. For law enforcement, the use of administrative discretion strict limit is to ensure that the legitimate rights and interests of the executive relative to the needs of people, while law enforcement is to raise administrative efficiency, curb corruption in the public security organs need is the realization of ruling the...