Research On Legal Issues Of Traffic Coordinators

Transportation auxiliary police force has played an important role in the aspect of traffic management in China since this force was produced. However, there are many problems in its process of operation. One of the reasons is that the duties of the transportation auxiliary police force are not unified; another reason is the lack of theory. These problems cause great debates on this problem among both the scholars and the public---Transportation auxiliary police force should play what kind of role in the traffic management activities. On the other hand, because of the management system was not perfect, the scale of the transportation auxiliary police force became larger, and our society couldn’t find an easy way to curb this trend and improve the management level of the transportation auxiliary police force, the legitimate rights and interests of the transportation auxiliary police force can not be guaranteed as well. Therefore, in this thesis, I try to analyze the present situation, the legal duty and the legal status of the transportation auxiliary police force from the perspective of administrative law. At the same time, do some research on the institutionalizing of the transportation auxiliary police duty and management.This thesis is divided into four parts:The first part is the survey of the transportation auxiliary police force. In this dissertation I summed up the status of the transportation auxiliary police force, presented and analyzed some problems that exist in reality.The second part is the research of legal obligations and legal status of the transportation auxiliary police force. First of all, I did some research on the issue that the transportation auxiliary police force did or did not have the power to enforce the laws. I explained the meaning of the law enforcement power, compared the current provisions of different laws in our country, and pointed that most of the scholars and citizens think the transportation auxiliary police force shouldn’t have the power to enforce the laws; however they did do the work that was not allowed all by themselves without any guide. Second, in order to find out the legal status of the transportation auxiliary police force, I compared and analyzed the concepts of administrative entrustment, administrative authorization, administrative assistance, and the characteristic of the transportation auxiliary police force. I pointed out that the transportation auxiliary police force should play a role as "altungshilfe"(German).and we should put this concept into practice in the operation process of the transportation auxiliary police force.The third part is about the tort and personal injury created by the transportation auxiliary police force, and how to protect the interests of the transportation auxiliary police force. One of The main problems is state compensation. I combined the duties and legal status of the transportation auxiliary police force with the constitutive requirements according to State Compensation Law, and pointed out that the administrative act of the transportation auxiliary police force shall bear the liability for compensation. The main problem lies in the protection of the rights and interests of transportation auxiliary police force is that the lack of legal support on work-related injuries identification. According to the analysis, I found that the transportation auxiliary police force combined the administrative organs with labor relationship, and the relevant laws on the subject who can apply for work-related injuries identification were inappropriate, and should be improved.The fourth part is to solve the related problems mentioned above. First of all, to get the reasonable criterion of the transportation auxiliary police force duties, I give some advice from two aspects---the content and the legislation level. Secondly, for the management of the transportation auxiliary police force, I put forward suggestions still from two aspects---the establishment conditions and management system.