Research On The Regulation Of Disciplinary Power Of Public Security Administrative Punishment

On February 28,1995,issued by the people's police law of the People's Republic of China,21 years ago,the legislative idea has obvious lag,the regulations are too principled,interoperability is not strong,many problems exists in the guidance of police law enforcement discretion,there are many legal scholars on how to perfect the police at the discretion of the problem put forward its own views.With the development of modern social economy and science and technology,administrative law enforcement supervision and management of social life function and scope expands unceasingly,need corresponding discretion,which adapted to the changing reality.Efficiency is the life of administration.To give the administrative law enforcement departments the discretion to deal with the problems timely and timely to maintain the healthy operation of the social order.In the face of complicated social relations,the laws and regulations cannot be summed up perfectly.Look from the legislation technology limited,therefore,the provisions of the laws can only make some principle,make a selection of measures and activities of up and down,prompting administrative subject flexible ground for people to make more effective management.The exercise of administrative enforcement discretion,must according to the objective reality and the spirit of the law and their own rational judgment to the flexible processing,do "the same situation,different situation different processing".This requires the administration to have discretion.Standardize administrative penalty discretion,to prevent the abuse of administrative punishment,is a comprehensive advancement administration according to law,the objective requirement of building the rule of law government,also is the current economic and social situation,to achieve economic "growth",protect the lawful rights and interests of citizens,legal persons and other organizations.The state council "about strengthening cities and counties in the decision of the government administration according to law" stressed:"have no organization administrative law enforcement of laws,regulations,rules and regulations have discretion in the administrative punishment,administrative license terms for comb,according to the actual local economic and social development of administrative discretion to be published." Administrative law enforcement organs and law enforcement personnel can correctly,the exercise of administrative penalty discretion reasonably,not only directly affect the effective implementation of the laws,regulations and rules,related to the image of the party and the government,but also to the immediate interests of the general administrative relative person,the administrative penalty discretion optional sex is too big,easy to cause the administrative law enforcement injustice,corruption.Therefore,comprehensive standardized administrative penalty discretion,limit administrative penalty discretion,regulating the administrative power is both the administrative law enforcement organs and the administrative law enforcement behavior,the need of further promoting administration according to law,also is the need of building the system of punishing and preventing corruption.In conclusion,many experts and scholars in their respective monograph or the thesis points out the police discretion problems,but mostly from the law definition and theoretical research,lack of the study of the police law enforcement discretion to practice.This paper is a study on the balance of administrative penalty.