On The Legal Rules And Regulations Of The Administrative Detention Decides After Deliberation The Power

Administrative detention discretion, mainly refers to the public security organs peculiar to restrict freedom of the administrative target person, it is a administrative punishment discretion. To the expansion of the exercises with the administrative discretion of the necessary rules and norms has become a important worldly study topic in the field of administrative law, Our administrative jurisprudential circle also talked about this all the time however, referring to specific Administrative detention discretion,very little research in the field. Administrative detention of discretion only owned by our public security organs;its unique and distinctive properties such as restricting freedom, determined that it hurts widely and badly once abused by the public security organs, in real life we have such cases. However, administrative detention discretion based on administrative efficiency and complement criminal punishments, informal system and the exceptionals have necessity of their existence. So, in the condition that the public security organ detained on administrative discretion, Our Country will need to strengthen our system building as soon as possible in order to improve and complete administrative discretion rules from internal and external two major aspects:From the internal, astrict approval authority of administrative discretion;Second, improve the supervision over law enforcement system; Third, the need of enacting administrative detention mete benchmark; Fourth, we should strengthen ethical education. From the external, for in legislation on strengthening of administrative detention discretion rule, try the best to narrow the range measurement; Second, hearing system should be integrated into the system of administrative detention penalty procedures; Third, we can try to allow lawyers involved in administrative detention penalty procedures; Fourth, to improve judicial review system of the administrative detention discretion.