Study On Traffic Enforcement Discretion

The statistics of Traffic Management Bureau show that in recent years,the administrative penalty cases of traffic are increasing, the number of personnel involved in law enforcement has been included in the first place.China promulgated the "Republic of China on Road Traffic Safety Law" and "The People’s Republic of China on Road Traffic Safety Law Implementation Regulations" in2004.After put into practice, not only redefined the various violations of traffic laws, but also greatly improve the magnitude of punishment, police administrative discretion has been more reasonable legal protection.In the past. when the traffic police worked.they often confused about how to properly determine the type of offense, the magnitude of the choice of penalties or punishment, how to use a limited range of legal enforcement procedures and other issues.According to national regulations,the traffic police cannot work freely,Otherwise, the appropriate punishment would make the staff develop Resist emotional.and have a strong sense of distrust on the State regulations and Police enforcement,thereby affecting the credibility of police enforcement,detrimental effect of administrative law enforcement police, hampering harmonious community relations.Specifically,the majority of participants lack of knowledge of traffic police administrative enforcement and make a mistake For some Orderliness.Most of the reason is that there is no standardized administrative enforcement.especially the wrong use of discretion and then causing a variety of law enforcement conflicts.So the administrative punishment of traffic police,including weighing the degree of punishment and the choice of punishment forms.,they would have a direct impact on results of Traffic police enforcement.Active role will not only form a good social effect but also benefit the harmony of public relations.This article is divided into five parts.The first part is the introduction,mainly generalizing the purpose, meaning and relevant research status of this research,and paving the way for the full text of research.High speed of Economic development further enhances the degree of urbanization.Urban Traffic Management in China appeared increasingly apparent conflicts and contradictions.When the reality of law enforcement, The arbitrary enforcement by Some people of Traffic control agency administrative departments and no evidence of illegal use of appropriate reducing the penalty to determine the magnitude and type of authority,causing people generate a lot of discontent on traffic management practices and even provoke controversy and complaints of excessive phenomenon.Discretion should be used as the core of administrative enforcement,And then to guide traffic enforcement, to ensure the maintenance of its main location.The discretion of the administrative enforcement of traffic studies conducted as early as possible is very necessary.Based on practical requirements, you can list the following six positive significance:First, to help expand scientific research administration modernization, and lay a solid foundation for the theory of administrative discretion.Second, to help accumulate relevant experience,transportation in the further implementation of norms, especially in the field of highway administration runs And gradually extended to the other during use discretion.Third, find out the inner workings of the law as soon as possible to help the traffic administrative law enforcement discretion, establish and improve the actual needs of the corresponding constraint system.Fourth, contribute to innovative scientific methods to start work.For road transport law enforcement, the discretion has an impact both positive and negative aspects.Fifth, help curb corruption and reshape the image of Transportation administrative law enforcement team in the eyes of the public.Sixth. is the realization of the legitimate rights and interests of the administration to have a relatively favorable human effort to maintain security.The second part is mainly for traffic enforcement discretion theoretical analysis.Traffic Enforcement Discretion covers the meaning and classification, as well as traffic enforcement should follow the principle:Reasonableness, legality, comprehensive, independent, openness, disposable and coordination of these seven basic principles constitute the exercise of the principle of the traffic control department of discretion and must base in the exercise of administrative punishment.Next comes the reasonable traffic enforcement discretion existence.First, the legal norms to be improved, so that the traffic control agencies must implement discretionary administrative departments.Secondly, the legal concept is to have some relevance and accuracy of legal support, and language, after all, there will be some limitations, meaning the deviation form the rights and obligations, affect the degree of standardization of the content.Again, the traffic control agency in the executive branch should consider requiring the performance of law enforcement principles proposed action to achieve certain benefits and efficiency criteria, namely speed and efficiency of law enforcement.Finally, there is a large police contingent differences in the quality level of law enforcement, so that the actual performance of different law enforcement. The third part, on the status of traffic enforcement discretion to exercise are discussed, review of traffic enforcement discretion anomie performance, identify the causes of traffic enforcement discretion anomie, the need to regulate traffic enforcement of administrative discretion verification.The fourth part, through retrospective analysis of common law countries, civil law countries the traffic administrative discretion of judicial control, traffic enforcement abroad to learn advanced experience discretion, to promote the improvement of our traffic enforcement discretion.The fifth part, based on the above proposed measures to regulate traffic enforcement discretion.First, the development of traffic enforcement discretion standard legislation.The identity and authority of legislators to restrict, so rational legislation; administrative penalties for traffic clear of discretion standard, control discretionary range; enhanced interpretation of legislation, and the relevant case for the preparation; improve the legislative process.Secondly, to strengthen the program control traffic enforcement discretion. Enforcement procedures at the discretion of the values embodied; sound discretion of the program control mechanisms.Finally, establish and improve the supervision mechanism of traffic enforcement.First, strengthen internal supervision administration.Considered to be the focus mechanism realized by two aspects: First, after the establishment of mechanisms to assess the effect of the administrative penalty discretion includes the build up to legislate for traffic enforcement discretion standard, and second is to build enforcement records check system.Second, improve the judicial supervision. Administrative departments should review the full exercise of the right of priority, the actual work should strictly follow the relevant principles.Administrative department in the actual work must fully exercise of discretion and make it directly into the scope of its review.Third, to strengthen public supervision. Accept the supervision of the organization or the community of the people,ensure its rationality and legitimacy that we can criticize, advice, report or complaint, the complainant and other forms of law enforcement officers to supervise administrative act,and ensure that the legitimate interests of the administrative counterpart.Administrative enforcement process in the transport sector must accept the supervision of the general public.The ultimate goal of traffic enforcement is no doubt that to provide the best quality service for he majority of people.If you want to provide the best quality service to the public, you must take a variety of means to maintain fair and orderly.Build a sound and mature public supervision system for administrative acts to constrain and control,requiring the executive branch fully exercise of discretion in the actual work.