Legal Research On The Refinement Of Administrative Discretion With The Perspective Of Public Security Administrative Punishment

Administrative discretion is a hot issue in legal research on administrative law.The phenomenon of administrative discretion is common in law execution. Webelieve that the power of administrative discretion, which is an important part ofadministrative power, can amend the laws to make them more specific. However, theabuse of administrative discretion will infringes the interests of the administrativecounterpart, harm the authority of the government and hinder the goal of rule of law.Many scholar researches administrative discretion and many administrative organstake some measures such as the so-called refinement of administrative discretion.With the effort above, the abuse of administrative discretion can be induced and therights of the administrative counterpart can be protected to some extent.This dissertation researches the refinement of administrative discretion with theperspective of the public security organ’s practice. The author analyzes the mainissues in this field and put forwards some new points. The dissertation consists of thepars as below:Firstly, because the laws contain some inherent vice while the social life is vivid,so the administrative discretion is a kind of objective existence. The power ofadministrative discretion can help to reach the goal of individual justice, but weshould prevent from abusing administrative discretion and its threaten to rule of law.Secondly, the core of administrative discretion is the benchmark, which is a kindof inner rules while it can restrict the law enforcement officials. Those inner ruleshave no power in administrative reconsideration and administrative litigation whilethe judge can refer for those rules to make their decision. Of course, the benchmark ofadministrative discretion plays an important role in administration. Thirdly, in recent year the public security organs have launched the practice ofrefinement of administrative discretion in a large scale. This dissertation analyzesthose practices with some samples and maintains that those practices are positive butit still needs to be research fatherly.Fourthly, this dissertation put forward some suggestion to establish a profoundlegal system of administrative discretion, which contains the subjective, the validity,and the legitimacy. This dissertation also maintains that the law enforcement officialson basic level may be granted some power to avoid rigidity in legal practice.