Lack Of Traffic Law Enforcement Discretion Ethical Remodeling

Administrative law enforcement in the field of transportation should adhere to the related laws. However, it does not necessarily mean administrative subject would lose the right of discretion, which is an objective entity. Investigated from the perspective of ethics, administrative relations in transportation administration can be regarded as an ethical construct. Administrative law enforcement in this field is both a process to reflect aims of laws and a process to realize ethical values of enforcement. Due to the separation of public interest and individual interest, as well as the existence of egoism among law enforcement officers and moral dilemma in traditional administration models, it is inevitable to see the ethical conflicts in discretion of administrative law enforcement. Ignoring the ethical aspect of discretion regarding administrative law enforcement in transportation should result in abuse of discretion right. Ethical absence of discretion represents itself by the lack of ethical values in administration, the lack of ethical consciousness, and the lack of moral behaviors and moral evaluation. The discretion abuse in administrative transportation law enforcement caused by the absence of ethics is not only a harm to the right of administrative opposite parties, but also the detriment to country trustworthiness and government image. Moreover, it damages the spirit of law which reads justice and openness, and worsens social morality. The absence of discretion in this field manifests itself in system ethics and individual ethics levels. On the one hand the absence is originated from the ethical deviation in the legislation process of transportation administration, the dependent features of administrative transportation law enforcement, and the absence of discretion system and organizational ethics caused by unethical organization structure in some administrative systems and the lack of a supervision system. On the other hand, selfishness characteristics of rights, tempts from unethical benefits, too much power in administration, and traditional values all will lead to the deviation of individual ethics. The absence of discretion right in transportation administrative law enforcement is in urgent need of changes. What can be administered include reconstruction of ethical values in regard to system (organization), administrative officers themselves, transportation laws, and social cultures; application of ethical values like law governed, equality, justice and efficiency in the process of discretion in administrative law enforcement. By doing so, we are expecting the unity of legality and rationality of discretion, as well as a harmonious environment for transportation law enforcement so as to realize our ultimate goal for a harmonious society.