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Improve Road Traffic Administrative Punishment Procedures

Posted on:2009-06-26Degree:MasterType:Thesis
Country:ChinaCandidate:B WangFull Text:PDF
GTID:2206360245976885Subject:Legal theory
Abstract/Summary:PDF Full Text Request
With the urbanization speeding and the number of motor vehicles increasing, traffic situation in our country is currently characterized by complication, variety and saturation, and illegal acts against traffic safety tend to increase, which challenges traffic administration. Some problems have arisen while the traffic administrative departments of public security organs handle and punish illegal acts. One is that relevant laws and regulations are not made perfectly, and the other is that penalty is not imposed in accordance with the law.The administrative subject should follow the legal procedure of openness, justice and fairness while implementing administrative behaviors. However, because of complicated tasks and important responsibilities, in order to maintain traffic order and attain specific enforcement goals, some traffic policemen emphasize substantive and neglect procedure, not fulfilling the legal informing system, and depriving the counterparts of the rights of statement and defense, which violates the procedural principles of administrative openness, justice, fairness and combination of education and penalty.The problems mentioned above are mainly due to such reasons as the subject's weak consciousness of procedure and evidence, lack of individual quality, unreasonable test mechanism and imperfect supervision measures, which has a negative effect on the enforcement of law.To gradually improve the penalty procedure, the article expounds the solutions to those problems above in the following aspects: to perfect procedural laws and regulations, stick to the principles of penalty procedure and procedural systems to standardize enforcement of law, strengthen the consciousness of procedure and evidence and advocate humane enforcement of law, improve supervision system of law enforcement, etc.
Keywords/Search Tags:illegal acts against traffic safety, procedure of administrative penalty, countermeasures
PDF Full Text Request
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