Control And Standardize The Theory Of Public Security Penalties Of Discretion

The public security administrative discretion is inevitable in the process of administrative law enforcement in our country has the power of space, and the public security organ is an important part of administrative law enforcement power. Public security penalties of discretion is one of the public security administrative discretion, in the process of the police force in law enforcement application scope is broad, because there were some weigh discretion standard space, in the daily management of public security law enforcement case and can easily be abused, the punishment of the abuse of discretion will infringe on the legitimate rights and interests of administrative relative person, influence of the authority and seriousness of law at the same time will cause the relationship between the tension and confrontation, resulting in a decline in the public security organ’s credibility, and construction of the public security organ law enforcement standardization produce certain effect. Therefore, to strengthen the legal control of public security penalties of discretion is imperative.In recent years, the abuse of the public security penalties discretion has attracted more attention from theorists and the legislature, and a lot of practice and exploration was tried in terms of regulation. The public security management punishment law was enacted on March 1,2006, and the relevant public security penalties discretion standards were formulated by the various provinces and municipalities according to the connotation of public security management punishment law and the spirit, in combination with the practical and difference of region, such as henan province formulated the standard of henan province public security organ discretion on administrative penalties for public security in 2009, and it is in the process of law enforcement practice,whith is to regulate and control public security penalties provides a effective way to the abuse of discretion.I work in public security grass-roots frontline police station for a long time, and I engaged in a great deal of public security cases to handle the work, the following will combine their own law enforcement practice,and the discretion of public security penalties from multiple aspects of legal regulation problem analysis and exploration. The basic framework of the article is divided into four parts:The first part is mainly on administrative penalties for public security administrative discretion, and the definition of the basic problems of content includes two aspects: one aspact is the definition of the concept of administrative penalties for public security administrative discretion, the other one is understanding of the characteristics of administrative penalties for public security administrative discretion., another one is the specific performance of administrative penalties for public security administrative discretion.The second part is to further analyzes the necessity of its existence within the scope of the administrative penalties for public security.The third part through the instance analysis and comparative methods on administrative penalties for public security of the abuse of administrative discretion to the status quo, the harm of the trigger and analyzes the reasons and causes, for reasonable regulation of public security penalty discretion to provide the reality basis.The forth part mainly discusses the discretion of public security administration punishment law regulation problem. Based on the analysis of the papers in the empirical research, puts forward a is to through the legislative process to refine and clear terms and content of right of discretion on administrative penalties for public security, and to strengthen legislative procedure regulation on administrative penalties for public security administrative discretion, 2 it is through the judicial review process and set up the way of administrative case guidance system, the judicial system of regulation on administrative penalties for public security administrative discretion, three is to through regulating the internal management, strengthening law enforcement and supervision by public security organs, from the source to the regulation of the power of administrative discretion on administrative penalties for public security.