Research On Traffic Enforcement Discretion In Luojiang City

Traffic law enforcement officers,as the first-line main body to implement various administrative laws and regulations on transportation,perform the functions of inspection and supervision of the administrative actions of administrative counterparts.In order to do a good job in traffic enforcement,the law gives traffic enforcement law enforcement personnel the discretionary power.How the traffic law enforcement officers exercise their discretion is not only related to the interests of the administrative counterparts,but also to the rights and interests of the legitimate operators,and to the development of the entire transportation industry.Traffic law enforcement officers are typical street bureaucrats.A study of the Traffic Law Enforcement Brigade of Luojiang District shows that the statutory circumstances of transportation law enforcement personnel's exercise of discretion include non-penalty,lighter punishment and severe punishment,which are closely related to the violation of the law and the nature of the task.And if law enforcement officials can use discretionary rights legally and reasonably,transportation laws and regulations will be effectively implemented.The study found that traffic law enforcement officers have problems with perfunctory investigations,applicable legal errors,procedural violations,unfairness,and refusal or delay in the exercise of discretion.This will bring about violations of the legitimate rights of administrative counterparts,damage the image of traffic law enforcement,reduce the concept of citizens' rule of law.The causes of these problems include the conflicts of laws and policies in individual fields,interpersonal network interference,the lack of legal literacy of some law enforcement officers and the lack of sense of responsibility.Therefore,we should start with the self-improvement of law enforcement officers and strengthen external supervision,strengthen the policy feedback role of law enforcement officers,improve the comprehensive quality of law enforcement officers,and focus on the role of external supervision,so as to effectively regulate the discretion of transportation law enforcement officers.