Research Report On The Traffic Administrative Discretion Standard In Anhui Province

Administrative power constraint is an ongoing research project, with the development of modern society, the discretion exists generally has become the important characteristic of contemporary administrative, make special discretion standard has become many government departments selection for restrictions of administrative power over expansion, control of administrative power exercised in a reasonable way. This article take the Anhui province transportation administrative sanction discretion standard for example, focuses on the necessity of discretion standard formulation, implementation issues and improvement measures.In2004, the State Council issued the " comprehensively promote administration according to law carries out compendium "," reasonable administration of administration according to law " as one of the basic requirements, require the exercise of discretion shall comply with the laws, the exclusion of irrelevant factors. Therefore formulating special discretion standard, carry out lawfully administration becomes various government sector to carry out the significant move of governing the country according to law. Since2004, each district, each department have established the administrative discretion of the base system. The Department of transportation on2010promulgated guidance since,10provinces has a special traffic administrative sanction discretion standard. From the transportation administrative law enforcement situation, formulate the discretion standard, reasonable control of discretionary power is legally the administrative need, but also overcome the limitations of existing rules, is to avoid some sanction, abuse of discretion needs. Combined with the specific law enforcement practice, regardless of current legislative, judicial or administrative supervision to administrative discretion control in feasibility, extensive areas such as weakness. So the development of Anhui province traffic administrative sanction discretion standard is me province traffic legal system development needs.This article take the Anhui province traffic administrative sanction discretion standard for example, focusing on the discretion of the base to develop the necessity, existing problems and perfecting measures. Administrative sanction discretion to reduce discretion, regulation of the administrative power operation, through refining, quantify the discretion standard, to detailed rules of net external force resisting erosion resistance,"favor wind ", realize the administrative organ of self protection, reducing the law enforcement law enforcement risk, with greater positive effect of. At the same time, cannot deny is, in Anhui traffic administrative sanction discretion in the formulation and implementation process, there are also some problems, such as the subject confusion, consideration is too simple, the discretion standard in the application of difference, the masses to participate in degree insufficient, lack of supporting system, it is difficult to protect the people’s right to know the right. So the administrative sanction discretion standard for further improvement is necessary.In view of the existing problems, first of all to further coordinate relevant main body, perfect the discretion standard division, in focus and overall good balance, but also to improve the discretion standard applicability, of the discretion standard applicable elements to focus on refinement, highlighting the practicality and science. In addition to the active publicity and accept supervision by the masses, protect the people’s right to know, the right and the right to impeach. Want to increase open strength, ensure that the maximum degree of understanding of administrative sanction discretion operation process and the specific situation, enlarging mass on the administrative law enforcement appraisal coverage, from internal supervision to external supervision, fulfil truly democratic, reflecting public opinion, for the masses to supervise opened a free space, to create a relaxed environment win the masses, understanding, participation and attention. Through the improvement of supporting measures, the establishment of administrative discretion, explained that the reason system of administrative law enforcement, law enforcement personnel ginseng and mechanism of relative performance evaluation mechanism and administrative law enforcement responsibility system, safeguard the legitimate rights of the parties, be open, fair, justice.