Discussion On The Phase Separation Of Adjudication And Enforcement Powers Of The Administrative Penalty In The Traffic Police

Administrative punishment is an important measure, which ensures the whole administrative measures to operate effectively. With continuous expansion of executive power, administrative punishment has become the most affected administrative act contacting with the daily life of ordinary people.Administrative punishment is a specific administrative act, which means that the legitimate administrative organs impose administrative penalty on the citizens, legal persons and other organizations according to law who violate the administrative law. From the entire process of administrative punishment, it is in essence a penalty system including collection of evidence, consideration, defense, adjudication and implementation and so on. Thus, administrative punishment in the modern rule of law has the quasi-judicial nature in the forms. And it is possible to separate adjudication authority and from executive power of administrative punishment in theory and in practice.The violation of the road traffic law is the most common phenomenon in the real life. According to the"Law of the People's Republic of China on Road Traffic Safety", the traffic administrative departments of the public security organs should be responsible for supervision, management and punishment of road traffic safety. The enforcement of road traffic law enforced by the traffic administrative departments of the public security organs often becomes the hot spots. The community calls for separation of the decision on the fine from confiscation of the fine, and the adjudication authority and from the executive power of the administrative punishment. There are three reasons for this. First, the safety of road traffic related to the interests of everyone because traffic is the basic need for each person. Second, the more violation of the road traffic law leads to the more administrative punishment. So the case quantity of the administrative punishment of the road traffic occupies a large proportion of all kinds of administrative punishment. Third, the main category of the penalties against illegal acts on road traffic safety is fine in accordance with"Law of the People's Republic of China on Road Traffic Safety". The community suspects the use of the fine. However, the traffic police's enforcement is prejudged and misunderstood. Since most of people do not understand the difference between the violation of road traffic law and other administrative violations, and the difference between the characteristics of traffic law enforcement and other administrative law enforcement. Therefore, this article will study the necessity and possibility of limited separation of the adjudication authority from the executive power of the administrative punishment in five aspects. First, the concept, nature of adjudication authority and executive power of administrative punishment and their relationship. Second, legal basis for separation of adjudication authority from executive power. Third, the relationship with transformation of government functions. Fourth, the concrete design of their separation. Fifth, the operation and limitation of their separation. This article tries to provide a reference value to the reform of our administrative punishment in the perspective of theory and practice .