Research On The Discretionary Power Of Traffic Police Administrative Law Enforcement

With the continuous development of society and economy,new social problems of public security traffic police on duty law enforcement activities more challenges are put forward.Traffic police administrative law enforcement discretion is to better meet the needs of the society.Motor vehicles,drivers,virtually expand the scope of work and the function of the traffic police,to ensure the smooth progress of the administrative law enforcement must need appropriate discretion.The police is carried out on the road traffic safety management,within the scope of the laws and regulations,within the scope of their functions and powers,punishment standard,the punishment for violations of the magnitude and scope to consider,the freedom to choose to make legal and rational judgment,it is adapt to the needs of social development,is the need to make up for the legal defects,but also the need of administrative law enforcement.Road traffic safety laws and regulations punishment for illegal activities such as standard,punishment and sentencing range didn't do the provisions of the detailed daily duty in law enforcement,in the face of complex law enforcement environment and different illegal behavior,our subjective initiative,the need to police make punishment according to the standard to judge yourself.Facing in the process of the traffic police law enforcement will encounter this or that kind of situation,for flexible processing all kinds of traffic violations,determined the weight of the plot in a specific,realize the unification of the law and enforcement of flexible,promote traffic management law enforcement activities of legitimacy,impartiality and humanization.The traffic police on duty in the process of law enforcement to use administrative enforcement discretion is of great significance,it is on duty law enforcement activities can fully arouse the subjective initiative of the traffic police;The second is to reconcile the legal justice and the contradiction between realistic case injustice,three is the existence of discretion can increase the flexibility of the traffic police administrative law enforcement.Daily duty law enforcement process,because of the lack of perfect laws and regulations,the traffic police punishment is influenced by economic interests,law enforcement supervision and management work does not reach the designated position,the traffic police individual higher reason,law enforcement police abuse of administrative discretion of the phenomenon is widespread.Traffic police is the main part of the punishment for illegal behavior,if not in accordance with the laws and regulations,legal limit is not the correct exercise of discretion,will increase of arbitrary power,will cause the abuse of discretion.In the process of the traffic police law enforcement,the abuse of discretion not only cause great impact to social management order,and it betrays the purpose of legislation,challenged the authority of the law,and,more importantly,destroyed the image of the public security organ law enforcement,the police on duty after law enforcement environment caused serious influence.Therefore,under the trend of the law enforcement environment is more and more complex,the traffic police must be from the two aspects of internal external,continuously improve the quality of the professional ethics,to strengthen the business skills and practice skills proficiently,improve the quality of the traffic police comprehensive law enforcement,from law enforcement program,content and ways to optimize and quantify punishment,do the work carefully;The traffic police,on the other hand,in the process of use discretion,in addition to the restriction of the their own quality,but also influenced by some outside factors.Therefore,the correct use of discretion,and strive to create a good law enforcement environment.Strengthening public opinion guidance,perfect the social supervision,win power,to exercise discretion reasonable build environment.This paper will be divided into five parts,the first part is the introduction,analysis of the study of traffic police discretion the necessity and significance of topics,through the comprehensive research achievements at home and abroad to introduce the research status of right of discretion;The second part,the second part,theoretical analysis of the traffic police discretion to do,starting from the definition of discretion,expand followed by the use of police administrative enforcement discretion and the principle of discretion of the main types of exercise,which leads to the traffic police discretion exist the necessity and significance of;The third part is the analysis of traffic police on duty law enforcement at the grass-roots level to the abuse of discretion,combined with the traffic police daily duty law enforcement and case study,analysis of the traffic police common phenomenon of the abuse of discretion;The fourth part,analysis the "why",from the external supervision and law enforcement police abuse of subjective factors analysis;The fifth part,sum up "to do",from the external and internal traffic police personal qualities social law enforcement environment countermeasures are put forward.