The Research On The Fine Commutation Ticket Phenomenon Fom The Point Of Administrative Law

"Fine commutation ticket" phenomenon is the new form of highway chaos, it is not a simple individual administrative law enforcement personnel illegal abuses, but involves the collective illegal behavior of the highway law enforcement system. So in addition to possess obvious violations also reflects the desirability, easy diffusivity and other new features. Relative to the other road chaos phenomenon, its harmfulness bigger and wider. The emergence of "penalty commutation ticket" phenomenon stems mainly from the current overload of road transportation environment behavior. Transportation driver need to rely on overload to profit, solve the survival crisis; The highway law enforcement agencies also rely on overload fines to revenue assurance department. The two sides in order to meet their own lusts, formed the common pursuit of "overload", and "overload" the great risk on to the society. In this paper, first of all, never the road transport administrative charges of reasonable, through the analysis of present situation and the reason, it is concluded that highway toll system is not sound in high logistics costs, transportation industry is struggling, "overload" has become the only survival exports. So if you want to completely eradicate the dependence on the overload transportation industry must perfect the road tolling system, to perfect the legal system, secondly, to expand the scope of information disclosure, third, we need to strengthen the administrative liquidation. Only then, can reduce logistics cost, ensuring the safety of transport subject in operating profit margins. Second highway law enforcement agencies to "overload" penalty of law enforcement "fish" model and its growing important driving force. As cross highway law enforcement main body, more functions and powers, fiscal system is not sound, as well as road highway law enforcement law enforcement on fines, and many other factors lead to the interests of the highway law enforcement departments, to launch "penalty commutation ticket" to ensure that the department of revenue. And the current supervision system to restrain the illegal ACTS related to this kind of pursuit of department interests of the collective well be weak. Therefore, to put an end to law enforcement organs similar collective illegal interests chain must be cut off from department of the administrative supervision system, make administrative law enforcement of public nature. First of all, to optimize the operation mechanism of the authority, to strengthen internal supervision; Secondly we should deepen the reform of the financial system, expanding the scope of the special supervision; Again, to perfect the social supervision channels, play to the supervision by public opinion. A three-pronged, highway system of administrative law enforcement into the cage. Therefore, only to realize the cause of "fine commutation ticket" phenomenon lies in the unreasonable road transportation fees and lack of oversight of administrative law enforcement power, to put forward the corresponding regulation measures to eradicate the phenomenon of fine commutation ticket.