The Research For The Administrative Penalty Of The Traffic Management Of The Public Security Organs

With the increasing number of motor vehicles, the forms of illegal transportationhas diversified, and administrative penalty of traffic control play an important role inthe specification of the traffic order; at the same time, how the public security trafficadministration department of exercise the right of administrative penalty inaccordance with legal procedures has become the focus of attention; this paper willconduct the monographic study.The first part is an overview. The concept, value, principles and classification ofthe.procedures of public security administrative penalty are explored in detail in thispart.The second part is the analysis of the problems and reasons in the procedures ofpublic security administrative penalty. Firstly, the problems in the procedures ofpublic security administrative penalty are mainly reflected in two aspects: For onething, there are legislation conflict, and the delay of legislation. For another, theadministrative penalty are not standardized, for there are lack of transparency inpenalty, the dispute among the penalties object, the lack of standard in the informprocedures, impact statements, the lack of strong protection in the defense system,inefficient implementation of hearing system, heavy penalties and light education etc.Secondly, the reasons in the procedures of public security administrative penalty arementioned from the perspective of public security traffic administration department,administrative counterpart, supervision and evaluation mechanism, the protectionmechanism..The third section provides a brief introduction of the good experience andpractice of the United States, Britain, Singapore, Colombia, Brazil and other countriesand some inspirations are put forward.The fourth part of the paper focus on the proposals to improve the procedures ofpublic security administrative penalty in our country. In this section, learning from theforeign experience and combining it with our national conditions,the author putforward the following strategies: promulgate the Administrative Procedure Act，strictlyperform open procedures, improve the inform procedure, improve the statement anddefense procedure, improve investigation and evidence collection procedures, andimprove the hearing process, improve supervision and protection mechanism.The fifth part is the conclusion. In this section, there is a summary of appeal of the Administrative Procedure Act as soon as possible, regulation of the procedures ofpublic security administrative penalty, in order to effectively protect the fundamentalrights of citizens as well as to protect the public welfare, thus achieving the organicunity of social and public interests and individual interests, and that of justice valueand efficiency value...