The Traffic Administrative Penalty Discretion And Its Legal Regulation Research

The right of administrative discretion is the core of the administrative power, the indispensableimportant component of the administrative power, is the important symbol of the development ofmodern administrative law. The traffic administrative discretion is an important part of administrativeauthority, but it is also like a "double-edged sword", Used properly, can make the case to achievejustice, improper use, the effects on people’s legitimate rights and interests relative to cause greatdamage. Currently our country transportation exists inside management department set up too manyexcessively tight lateral, Blurred boundaries between the vertical level, complex structure,Administration of different traffic patterns, institutional confusion,overlapping responsibilities, eachdepartment acting on its own, In the course of the traffic administrative law enforcement there isabuse of discretion.In response, the executive branch in many parts of China began to explorediscretionary basis, to be before, during control, prevent the executive in law enforcement abuse ofadministrative discretion. Meanwhile, China’s People’s Court is also actively explore effective controlof the abuse of administrative discretion approach to judicial review after it in the perspective ofcontrol.In this paper,domestic and international law on administrative discretion on the basis of regulationof research,focusing on the traffic administrative penalty discretion and legal regulation arediscussed.First,explained the meaning of administrative discretion,characteristics and theoreticalbasis,especially the traffic administrative penalty discretion of the meaning, characteristics,the basicprinciples and sets out its legal regulation for the necessity and significance;then, investigated thetraffic administrative penalty of discretion benchmarking,operat in status and existingproblems;finally,discussed the problems of the system construction for the traffic administrativepenalty discretion legal regulation,proposed system concept through the improvement oflegislation,administrative regulation,judicial regulation,and regulatory supervision to control thediscretion of traffic administrative penalties,in order to better guide our traffic administrative lawenforcement practice.