Study On The Application Of Administrative Punishment Discretion Of Xining Transportation Bureau

Discretion is the embodiment of the vitality of administrative law enforcement,while standardization is the extension of discretion vitality.With the increasing difficulty and complexity of transportation management affairs,the importance of transportation administrative law enforcement has become increasingly prominent.Discretion,especially the administrative penalty discretion of the state public power in the hands of the administrative law enforcement personnel of Xining municipal transportation bureau,not only determines the reasonable compliance of Xining municipal transportation administrative law enforcement,but also is an important factor for the standardized operation of Xining municipal transportation administrative law enforcement mechanism.Under certain circumstances and to a certain extent,the administrative and management decisions made by administrative law enforcement personnel in transportation will directly affect the daily life of the people and directly affect the shaping and maintenance of the credibility of law enforcement agencies.Discretion has a double-sided influence in the administrative enforcement of traffic and transportation.It can be called a "double-edged sword".Whether the discretion can be reasonably and legally exercised has a very positive effect on the flexible,orderly,fast and effective handling of various administrative enforcement of traffic and transportation affairs,precise enforcement of law and the realization of case justice.However,if the "double-edged sword" is forcibly moved or abused,it may not only infringe upon the legitimate rights and interests of administrative counterparts,but also have adverse consequences on the public interests of the state,thus endangering the state and society.How to properly control the discretionary power is of great practical and reference significance for protecting the legal interests of the transportation administrative counterparts,the national public interests,making up the "weak points" and "short boards" of transportation administrative law enforcement,improving the technology and level of transportation administrative law enforcement,and promoting the construction of China’s government ruled by law.By writing this article,the author aims at analyzing the current situation and existing problems of administrative penalty discretion exercised by transportation administrative law enforcement personnel,especially those of Xining city transportation bureau,through research and investigation.by using the methods of questionnaire and interview,the author analyzes the reasons from four aspects:legislative regulation,administrative organization,law enforcement personnel,administrative counterpart and law enforcement supervision,and puts forward the solutions to improve the use of administrative penalty discretion of Xining city transportation bureau.