The Research Of The Compulsory Administrative Measures In Traffic Management

The compulsory administrative measures in traffic management, alsoknown as traffic police administrative coercive measures, plays a veryimportant effect in traffic management by the traffic police in order toimplement effective traffic essential administrative means and measures.However, under the current law enforcement environment, the effect ofthe compulsory administrative measures in traffic management is notsatisfactory. The author chose law enforcement practices in grassrootstraffic police department as the entry point and found following especiallyprominent questions on the compulsory administrative measures in trafficmanagement: First, setting of administrative coercive measures in legislationis confusing, using names not standardized; Second, the implementation ofadministrative enforcement measures, due to the lack of legal support, leadto the traffic police inadequately performing their duties; Third, theexistence of the phenomenon of abuse of administrative coercive measuresis against the legitimate rights and interests of the traffic management counterpart. In view of this, the author analyzed the implementation oftraffic management，real cases since Administrative Compulsion Law of thePeople’s Republic of China comes into effect in2012, and summed up thedeep-seated causes of the current imperfect administrative enforcementmeasures in traffic management. And on this basis, three approaches areproposed, that is, to improve the specification set of compulsoryadministrative measures, solve the implementation process problems causedby legislation and improve specific aspects of the operation of compulsoryadministrative measures. The suggestions aims to be helpful to traffic policefor regulating compulsory administrative measures in traffic management.