Study On Administrative Law Enforcement Mode Of "On-Site Education For Violators Of Electric Bicycles"

In view of the chaos in the current excess of illegal traffic in electric bicycles,Hangzhou traffic police decided to conduct“on-site education" to the offenders.For this new approach,its source and basis are one of the questions.Through the analysis of its guidance documents and specific practices,it can be concluded that“on-site education" is called“education" but creates a new administrative penalty,which violates the legal preservation principle of the superior law.According to its legal basis,we can see that“on-site education" is a disguised replacement of the concept of "combination of punishment and education" in "Administrative Punishment Law",and "education" is used as a substitute for punishment.At the same time,from the analysis of technical rationality and proportionality principle,its system design itself lacked rationality.This thesis starts with the source and basis of "on-site education”law enforcement methods,and analyzes whether its guiding documents are in line with legislative intent,and then specifically analyzes the nature of the law enforcement methods to determine whether it has a legal basis.Under the condition that this question is well answered,the author criticizes the legitimacy and inherent rationality of the system design,and analyzes the connotation of the principle of"combination of punishment and education" in the "Administrative Punishment Law",then draws the conclusion that the rule of law in the new era requires the administrative authorities to use legal thought and the“rule of law" mode to solve the problem.