The free discretionary power of the police is the power which the subjects of the police shall enjoy while making the flexible choices according to the objective situations. The free discretionary power of the police is a kind of special administrative power in the police powers, and is an important part of the police powers, and is also the necessary carrier to implement the police powers and to achieve the purposes. Although the free discretionary power of the police has many positive aspects of the values and contributions, there are also many problems of maltreating, abusing and privately using the free discretionary power of the police. Therefore, based on the reasonable exercise of the free discretionary power of the police, according to the laws, the legal regulation of the free discretionary power of the police is a necessary requirement of the modern society with rule of laws. The free discretionary power of the police is essentially a "double-edged sword", integrating the angel and the devil into one. The regulations of the free discretionary power of the police not only can achieve the balance between the two of the fairness and efficiency of the laws, but also can promote the harmony and coordination of the relationship between the laws and the social life. The police, as the important annulus of the national administrative law enforcement systems, play a role that should not be neglected in the process of the national administrative management. With the generation of the modern police and the development of the society and economy, people gradually get some knowledge of the free discretionary power of the police. At the beginning of the twentieth century, the expansion of the government powers and the implementation of the policy of the "welfare state", in the practice of the law enforcement of the Franco German law system and the Anglo American law system have fewer restrictions on the free discretionary power of the police. In the middle of the twentieth century, the Franco German law system and Anglo American law system through the legislation were determined and obtained the legal status of the free discretionary power of the police in the form of the legal provisions. However, in the practice of the law enforcement, maltreating, abusing and privately using the free discretionary power of the police are very serious, which also makes people question or have the negative attitude towards maltreating, abusing and privately using the free discretionary power of the police. With the development of the police reform in our country, the construction of the country with the rule of laws and the promulgation of the "Punishment Law on the Public Security Management" that endows the police greater discretion power makes the police discretion become a hot topic and focus.
