Problems And Countermeasures Of Traffic Police's Management On Not On-the-spot Punishment In Administrative Efficiency Perspective

A new mode of traffic low enforcement that traffic police judge and punish the illegal acts of breaking the low by traffic technical monitoring systems recorders is generally applied by traffic police's management. And the mode is known as "not on-the-spot punishment". However, two prominent reality problems are induced by the new mode. One hand, to certain extent, it causes "Du Baoliang gate"; on the other hand, the administrative efficiency on the punishment is really low. In the process of practice, the department of traffic management is actively engaged in advising before happening the breaking traffic law's event, but they neglect their duties to investigate the responsibility of lawbreakers initiatively and timely. In fact, it indulges drivers and even encroaches on one bigger rights and interests of the public—public transit security and order. The writer holds that the low administrative efficiency of the punishment executed by the department of traffic management disobeys the high efficiency policy and the purpose of administrative punishment for the traffic lawbreakers and the writer also thinks that the department should take their duties to investigate the responsibility of lawbreakers initiatively and timely and should solve the problems on not on-the-spot punishment and should improve the efficiency of the punishment. The thesis is composed of three chapters.Chapter1: Administrative efficiency policy and current situation on not on-the-spot punishment. This chapter expounds administrative efficiency policy basis of CONSTITUTION and the purpose of not on-the-spot punishment. It also introduces the mode of traffic law enforcement on not on-the-spot briefly and demonstrates the low efficiency in the process of practice after investigation.Chapter2: The reasons that administrative efficiency is really low on not on-the-spot punishment. This chapter focuses on the analysis of difficulty in executing advising system before not on-the-spot punishment—; and it lawbreakers' passive attitude towards the procedures on not on-the-spot punishment; and it also analyses what the legal and realistic factors of the low efficiency is that Not properly handling with discretionary power of the department of traffic management on not on-the-spot punishment filed procedures. Chapter3: Improving the countermeasures analysis of efficient law enforcement of traffic management on not on-the-spot punishment. This chapter emphasizes that administrative efficiency and the legal procedures should go together. It takes the following three points to do countermeasures analysis: using the experience on the same case from abroad for our reference, doubting appealing before lawbreaking happening as per the requirement of the public and promoting mechanism innovation to improve efficient law enforcement of traffic management on not on-the-spot punishment. It raises a point that building up the efficiency mode of not on-the-spot punishes procedures as the key point to improve administrative efficiency. Meanwhile, the chapter states that it should also perfect advising system, mandatory filed system on the information of vehicle owners and adjudication prescription mechanism to improve administrative efficiency.