Legal Reflections On Traffic Police Administrative Penalty System Of Hearings

In the developing of civilization of legal system today, the law enforcement of public security and communications administration departments is not as simple as dealing with an accident and execution of actions of breaking law. It carries the political responsibilities to maintain social stability, to undertake social fairness and justice, in addition to the proceedings of the rule of law. Executing the law based on the administrative proceedings strictly, conferring upon the parties the right to a hearing, fulfilling the Hearing obligations is the administrative law-enforcement departments’duty bound. The system of hearings is the core of the law of administrative procedure. The traffic police system of hearings as a branch is pushing forward the hearings system. Whether the traffic police administrative penalty hearings system is perfect or not means great significant to the whole administrative system of hearings and the law enforcement agencies. For the first time from the1996"Administrative Punishment Law" provisions of the hearing, the hearing on the actual operation of the program after10years, to some extent, to promote the process of social fairness and justice, but the expected value of its actual effect it, there are still very big gap, inform the hearing, the key point of the hearing in the form, scope of application, the transcripts of the hearing, the chairperson of the hearing conducted in-depth research and found that the existing traffic police administrative punishment hearing system design and practical operation, The traffic police administrative punishment hearing process flow sometimes a form of no real significance, which affects the effect of the implementation of the system of administrative punishment hearing, restricted the traffic police department of administration according to law, carry out the standardization of law enforcement work. Existing traffic police administrative punishment hearing system should learn from the extraterritorial provisions and advanced experience, based on the actual situation in China, should improve the hearing in the form; appropriate to broaden the scope of the hearing; perfect hearing to inform system; improve the rights of the individuals concerned security system; improve relative to the chairperson of the hearing independent system; improve the legal effect of the transcripts of the hearing; improve the accountability mechanism and supervision system, which helps the sound of Administrative hearing System, and is conducive to the implementation of the public security traffic management concept of Police for the public, law enforcement people.