Traffic Law Enforcement Discretion Rule

Traffic enforcement is the most common phenomenon of administrative law enforcement in civic life. Because the law does not regulate its completeness, there must be discretion to replenish the administrative enforcement. Traffic enforcement discretion is an important part of the discretion of law enforcement and closely related with civic life. The flexibility of the discretion determines that it is the most easily abused powers, coupled with our law give the traffic space broad discretion, all these make traffic enforcement power in our country is more likely to be abused.In recent years, as China's rapid economic development, accelerating the urbanization process, traffic enforcement task is increasing heavily day by day. But, in the specific law enforcement process, since the expansion of traffic law enforcement powers, the imperfection of law enforcement procedures and the traditional concept of human relations, traffic law enforcement abuse of discretion is a very serious phenomenon.For example, the serious arbitrariness of law enforcement and the frequent delays in law enforcement and obviously unfair phenomenon. To protect the legitimate interests of the administrative counterpart and reduce the corruption, we have to regulate the discretion overall. First, relevant laws and regulations should be amended and improved for the purpose of reduce the possibility of "loophole";Secondly, and most importantly, strengthen the program control to the traffic law enforcement to pursue the value of fair and order.We can start from establishing and improving the procedural system such as Reason System, Notice System and Information Public System and then founding a viable system of accountability of law enforcement. Finally, strengthen supervision is necessary, for instance, administrative internal supervision, judicial supervision, and public oversight,in order to play the advantages of discretion fully and promote social harmony.