| The administrative law enforcement of traffic police is the most common administrative law enforcement phenomenon in the daily life of citizens.For traffic policemen,they have discretion in administration,which is an important category of administrative management,and is more and more strongly related to citizens’ daily life and freedom of action.As it is known,the right of discretion in the process of administrative law enforcement is the most likely to be abused by the law enforcement.At the same time,China’s road traffic safety laws and regulations on the issue of discretion,it can be said to give the public traffic management department the maximum discretion.If we do not strengthen management and control,it may make the right of discretion into a state of abuse.At this stage,China’s social development has entered a new normal stage.The acceleration of urbanization process is obvious,and the demand for people’s travel is increasing.The traffic control law enforcement task is increasing.But in the specific law enforcement process,the management of road traffic safety laws and regulations are not perfect,influenced by economic factors,law enforcement and supervision system is not perfect,the traffic police’s law enforcement level is not high,the traffic police enforcement accountability mechanism to play effectiveness because of abuse problems makes our police administrative discretion in order to punish escrow,breach of privilege,injustice,consider the delay related factors,beyond the statutory time limit and punishment unfounded phenomenon everywhere.If such a phenomenon is not in control for a long time,the legitimate rights and interests of the actors in the case will be infringed,and then the corruption will escalate,which will lead to the loss of the credibility of the administration.In order to avoid such a situation,it is necessary to realize the supervision and management of the discretion of the administrative law enforcement of the police.First of all,we should give full play to the role of legislation in giving the district legislative power to the administrative discretion.We should quantify the punishment standard of illegal activities,refine the procedures and methods of administrative law enforcement,and eliminate the phenomenon of surmounting and abuse of discretion.Secondly,strictly implementing the guarantee system of administrative funds is the key to solve the problem.We must standardize the decoupling procedures of receipts and payments and implement the reserve fund system,so that the traffic management of publicsecurity organs can have solid fund resources.Furthermore,the establishment of public security traffic management departments to improve the self-discipline mechanism,the drive of the traffic management department towards self management,self restriction,self supervision and direction,establish the system of law enforcement and evaluation standards of scientific and reasonable administrative discretion and major cases of collective deliberation system,the traffic police enforcement process into the overall supervision of the state.And based on the intelligent system perfect,the public security organs for internal supervision can the process of law enforcement supervision.At the same time,give full play to the people’s Court judicial regulation,judicial review by dimension,to achieve effective supervision of police administrative discretion cases of each node,depending on whether it is legal,or legislative goals,or the operation content,moreover is the law enforcement procedures,should be included in the.Finally,we put forward constructive suggestions and suggestions for this kind of problem: setting up the correct values of traffic enforcement,strengthening business training and assessment,strengthening professional ethics,promoting convenience and benefiting people,and further improving the comprehensive quality of law enforcement for traffic policemen.From the perspective of system and mechanism,management and control of power usage behavior,the traffic police administrative discretion into the legal system,so that the road traffic safety towards the direction of development,thus creating the traffic law environment will be more orderly,more secure,more smooth. |
