Traffic Monitoring Enforcement Procedures

"The PRC Road Traffic Safety Law,"which implemented in May 2004, authorized the police traffic control department to investigate and deal with traffic violations by traffic monitoring camera, and to punish the vehicle owner or driver according to traffic monitoring and recording data by motor vehicle law.It is a new traffic safety management law enforcement model.This model's essence is to improve administrative efficiency and to expand the power of the traffic management department.It played a positive role in road traffic safety management and prevention road traffic accidents. At the same time, due to the imperfections of the relevant legal norms and law enforcement adjustment is not in place, there are still quite prominent executive wanton,traffic monitoring credibility and legitimacy of law enforcement continue to face the challenge.It is important and necessary to improve and refine procedures for traffic monitoring law enforcement entity to regulate and control the administrative power. According to the purpose of this study, this paper analyzed traffic monitoring on the basis of defects in the law enforcement process, from the legislation, put forward suggestions for improvement at two levels of law enforcement.The first chapter summarized traffic monitoring law enforcement procedures,and pointed out that the traffic monitoring law enforcement was an administrative power.There were several serious problems in this area: traffic monitoring enforcement procedures is unsystematic,the relative rights are lack of protection, giving too priority to efficiency and less fairness of punishment procedures.Chapter II analysed the procedure of traffic monitoring program settings,studies the main problems: the main defects in the legislative confusion, arbitrary exclusion of the executive power constraints, lack of participation channels for public scrutiny.Traffic monitoring program should follow the basic principles, including public participation, reasonable and necessary administrative discretion.At last, several rules should be set up: the institutional separation of powers, to make known to the public,tolerance of law enforcement ,and to set aside regularly assessment of monitor effects.ChapterⅢreserched the inform procedure of traffic monitoring information.There are differences between traffic monitoring record information and the ordinary administrative penalty procedures inform. Based on traffic monitoring enforcement,the special process traffic monitoring information has independent values. It is important to promote the substantive justice and to protect rights of administrative relative persons.The paper then brought up rules of inform procedure.Chapter IV investigated the jurisdiction of traffic monitoring,pointed out that the legislative defect, financial institutions and other regional interests led to jurisdictional limitations, special conditions attached to the jurisdiction of the illegal substance is disguised the fact that the investigation will start passing the administrative obligations of the relative, and damage the interests of the executive relative. Proposed traffic monitoring rules governing the case, according to the principle of proportionality that people choose to give the executive relative to any public safety agencies with jurisdiction over the traffic management department and shall not be denied.Chapter V studied the identity procedure of punishment object in traffic monitoring program. The first level of proof object in traffic monitoring case were illegal motor vehicles,and the illegal drivers are second level proof object.The "burden of proof" of administrative relatives was obligation. The paper proposed recognition rules of penalties for traffic monitoring case object,and the core of those rules was: illegal motor vehicle driver shall be punished as a first priority , the public security organ of the traffic management department should actively fulfill the obligation to verify the illegal drivers, administrative relatives take a limited obligation to assist exempted from negative statements.