The Control Mechanism Of The Discretion In Traffic Administrative Penalty

The administration decides after deliberation the power is freely the contemporary public administration's life, the administrative law central task lies in the standard administration to decide after deliberation, safeguards citizen's basic rights and interests, the administrative law basic mission is freely must guarantee that the government law enforcement officials to decide after deliberation the power to exercise are responsible. The traffic control domain is a guard public administration's branch, is also a public administration's important aspect, but the transportation administrative sanctions is the utilization most frequent authority, the traffic control department exercises the transportation administrative sanctions in this process to decide after deliberation the power freely. Through exercises the transportation administrative sanctions to decide after deliberation the power freely, may safeguard the traffic order stabilizing and realizes the case justice. But the transportation administrative has specificity.The paper basic structure is divided into three parts:The first part elaborated the elementary theory of transportation administration decision after deliberation the power freely , decides after deliberation the power including the transportation administrative sanctions the concept and the characteristic, the type, as well as decides after deliberation the rule .The second part analyzed the problem and the reason of the exercise the power of transportation administrative sanctions. Problem aspect: First,"punishment substituted the management"; Second, mode of motion law enforcement; Third, the universal existence punishes severely tendency; Fourth, the punishment scope is oversized; Fifth, considers the influence to decide after deliberation the quality non-correlated. Reason analysis aspect: First, losing of the rule; Second, the transportation administration law enforcement officials overall quality waits for enhancing; Third, the punishment procedure is not standard ; Fourth, unscientific law enforcement achievements inspection; Fifth, the law enforcement responsibility investigated that the mechanism does not carry out; Sixth, the law enforcement relative person's legal awareness is light.The third part elaborated the transportation administrative sanctions to decide after deliberation the power freely the rules and regulations. Mainly has the standard necessary law and decides after deliberation the datum system, the enhancement law enforcement officials quality, the foundation good law enforcement atmosphere , the full display procedure restriction function, to carry out the transportation administrative sanctions to decide after deliberation the responsibility to investigate that the system, the construction science law enforcement achievements examination system, the consummation transportation administrative sanctions decides after deliberation the power freely the surveillance system .The author believed that, so far, the research of the penalty power of deliberation in the transportation administrative sanctions is quite to be simple .freely, also has the very long process in this aspect's research, the author takes this article on the master's degree paper, attracting more scholars by the time to concern the penalty decision after deliberation the power to the transportation administrative sanctions to conduct the research freely. For the long term, the fair use and effective control of the deliberation power of transportation penalty is very important for improving the level of transportation law enforcement,maintaining the social public order,protecting the legitimate rights and interests of the enforcement relative.