公安行政自由裁量权是指法律、法规对公安行政行为的范围、方式、手段、内容未作明确具体的规定,公安行政主体基于法律、法规的明示授权或消极默许,根据自己对法律、法规的理解,斟酌选择后自行作出决定的权力。自由裁量权的存在有利于公安行政主体灵活、快速地处理公安行政事务,提高工作效率,它适应了现代行政的要求,但也带来了因自由裁量不当而损害行政相对人的合法权益或法律的严肃性等问题。多年来,公安理论界对自由裁 Public security administrative discretion refers to the law, regulation on public security administrative acts scope, methods, means, content has not made the specific and specific provisions of the public security administrative body based on laws and regulations express authorization or negative acquiescence, according to their own laws and regulations Understand, consider the right to make their own decisions after selection. The existence of discretion is conducive to public security administrative body flexible and rapid handling of public security administrative affairs and improve work efficiency, which meets the requirements of modern administration, but also brought about due to improper discretion and undermining the legitimate rights and interests of the administrative counterparts or the law The seriousness and other issues. Over the years, public security theory of freedom