The Analysis Of The Establishment Of Administrative Sanctions Of Driving Under The Influence In China With The Principle Of Proportionality

In China's reform and open policy, especially since the establishment of socialist market economic system, China's economic development shocks the world. China's economic take-off standard of living for our citizens greatly improved to provide a solid economic foundation and material backing to meet the citizens more to the material requirements, the performance is in the transport sector, the increasing number of private cars, but with the traffic sharp rise in accident rates. Ministry of Public Security Traffic Management Bureau, according to the latest statistics, only in the first half of 2009 took place nearly one hundred and ten thousand from road traffic accidents, killing nearly three million deaths, thirteen people injured and direct property loss of about four million, of which ten people died over a serious traffic accident occurred within twelve. In addition to drag racing accident occurred incentives driving behavior, is that drinking and driving to traffic violations. In the evening of 4 August 2009, took place in Hangzhou, Zhejiang pedestrian accident killed drag racing, followed by Chengdu Sun Weiming drunken driving causing death in four injuries, Nanjing Ming-Bao drunken driving caused five deaths and four injury. Followed took place in Hangzhou, Zhejiang together a vicious drunken driving accident traffic accident: a Porsche Cayenne sport utility vehicle speeding, drunken, love Moganshan Road in Hangzhou, the zebra crossing to a remote work drunken sister killed ... ... speeding led to the tragedy of drunk driving, to combat drunk driving is drunk driving, traffic violations, in particular to provide a factual basis, the full description of the administrative penalty for drunk driving in China set given the need.In building a socialist harmonious society and implementing the "people-oriented" concept of scientific development background, this comparative analysis of the methods used to the Principle of Proportionality in Administrative Law and theoretical support for the theoretical basis, the perspective of drinking and driving executive setting penalties, and administrative penalties set of the need for drink, and non-human purpose to analyze the study concludes with the applicable recommendations. Paper is structured into five parts:The first part gives a brief overview of the proportional bases, the principle of proportionality described the background, the proportion of the value and function of the principle of existence and its basic connotation of the three sub-principles. Administrative law principle of proportionality in the value of existing in two aspects: First, to some extent limit the tendency of the executive power loss, weigh the public interests and private interests, to achieve social and public interests and social interests of the individual win-win. Second, in order to establishing the rule of law with the modern democratic match to force the administrative action by the exercise of power-driven mode into a non-mandatory right to administrative action-oriented in the direction of the exercise patterns. Administrative functions in the concrete manifestation of the principle of proportionality principle for the three sub-limit executive power to protect civil rights, manifested in three aspects. First, the appropriateness of requiring the executive to the principle of administrative measures taken by the administrative purposes and means must be consistent, statutory purposes cannot be achieved, the executive is contrary to the rule of law, administrative authorities and the means chosen is the administrative measures is not appropriate or inappropriate. Second, the principle of necessity, also known as the smallest infringement of the principle of the necessity principle is taken administrative measures are absolutely necessary prerequisite, the required number of relevant administrative authorities to face a means to achieve administrative purposes, should be in line with the rights of citizens to limit or infringe the principle of the least administrative means to choose to avoid the law relative to the administration position had generated a large negative impact, to avoid damage to the administrative counterpart enjoy other legitimate rights and interests. Third, the "legal interests of proportionality" principle. "Legal interest proportionality" principle and the principle of proportionality is called the narrow sense or the principle of proportionality, the principle requires the executive to the administrative intervention relative interests must be pursued to achieve administrative purposes commensurate with the public interest or proportionate. The main purpose of the first part of the second part of the dialysis stage for China to set administrative penalties for drunk driving the need for and purpose of analysis and for the third part of the administrative penalties set of driving under the influence of non-human to provide the corresponding theoretical basis and theoretical support.The second part of the administrative penalties set of drink necessity and purpose. Drink-driver accidents by applying the relevant data illustrate various aspects of traffic violations for driving under the influence to take appropriate administrative measures are consistent with a reasonable administrative purpose is to safeguard the personal and property safety of citizens necessary. Administrative penalties of drinking and driving purpose set mainly in three aspects, a sound legal system, maintain order, protect human rights.The fourth part is through the second and third part of the discrimination, the administrative penalty for the setting of drink available for advice. Improvement of administrative penalties for drink-set, the application of the recommendations put forward: first, the legislation strictly, grading penalties. Strictly abide by the "sound the alarm bell," but also to analyze specific issues, for example, for the civil service or other national staff and the general citizen, faced the same drink and drive traffic violations, should be given different degrees of punishment, which can improve the rule of law in road safety awareness of the civil service. Second, strong regulations, penalties for drink driving refinement discretionary basis, to strengthen executive power. Third, optimizer, dignity, respect for human rights. Fourth, learn from foreign legislative experience helpful. Fifth, strengthen legal advocacy, National law-abiding consciousness.The fifth part is a summary of this paper, as well as traffic violations, driving under the influence of Chile to develop a more rational and effective legal system pinned their hopes for our citizens travel to provide a safe traffic environment, then our legal system will be more built good, more conducive to promoting China's socialist legal construction, building a harmonious socialist society with Chinese characteristics, and effectively implement the scientific concept of development, adhere to the "people-oriented" to create a good social environment.