Practical Difficulties And Resolution Of The Detain In Transport Law Enforcement

With the development of economy and society, the modern transport operation model mainly depending on cars has become increasingly perfect. In this field, detain becomes the common measure in law enforcement administration but in fact it is still a coercive measure characterized by its specific object, same target and subordinate nature. The status quo of detain in transport law enforcement is as follows: the measure is commonly used involving many unlawful acts; hearing, reconsideration and lawsuit are not common; it is not easy to apply for detain and the cases without closing are common. Many difficulties occur such as the ambiguous application sphere, lack of special procedure, hard to punish, increasing cases with repeating settlement, distortion in terms of economy and equality, serious corruption and invalid detain relief.The reasons for the difficulties in detain in transport law enforcement involve legislation, enforcement, culture and others. Firstly, in terms of legislation, there are discrepancies and even conflicts among legal documents at different levels, lack of specific regulations and legislation. Secondly, in terms of enforcement, there are abuse of discretion, weak law enforcement, low quality personnel and lack of valid mechanism of detain responsibility. In addition, the weak law-abiding awareness and poor overall quality account for the difficulties as well.In order to standardize the detain in transport law enforcement, it is necessary to improve the legislation, specify application sphere, conditions, procedure, time limit,release and supporting mechanisms. Moreover, it is necessary to strengthen law control of transport detain discretion, law-enforcing construction and system building as well as propaganda.