Reseach On The Free Administrative Discretion In Implementing Laws For Traffic Policemen

According to the statistics from the Traffic Management Bureau of Public Security, traffic policemen in our country investigated and prosecuted 354 million all kinds of illegal traffic in 2010. The punished people reached 316 million, annually 865,000 million.The traffic administrative penalty ranked the highest in the number of cases and people being punished. Since the enactment and implementation of Road Traffic Safety Law of People's Republic of China (hereinafter briefly referred to as Road Traffic Law and Road Traffic Safety Implementation Regulations(hereinafter briefly referred to as Implementation Regulations) in May 1,2004, illegal traffic has been redefined. Meanwhile, a dramatic adjustment has been made. Traffic Policemen have been given more free administrative discretion by law. Traffic policemen will often face issues involving the sort, manner and extent of punishment, implementation procedures,etc., which often turn to reasonable application. If traffic policemen implement laws at will, they will trigger repulsion and disobedience of the traffic offenders and distrust of the implementation of the traffic policemen. Gradually, this will put credibility of the traffic implementation at stake, do harm to their administrative implementation and even more to the establishment of a harmonious relationship between policemen and the masses.In recent years, traffic participants lack knowledge about the administrative implementation of traffic policemen and even hold misunderstanding toward them. One of the main reasons lies in the fact that the exercise of free discretion in administrative implementation is far from standard and has triggered many contradictions in law implementation. Therefore, such issues as how to carry out laws, how to choose penal ways, how to deal with the amount of fine in the same illegal traffic are key to the realization of unifying administrative effect and social effect and constructing a harmonious relationship between policemen and the masses. As a professional legal worker at the basic unit the traffic system, I try to discuss the implementation of free administrative discretion of the traffic policemen.