On The Rectification Of China’s Road Arbitrary Fines

The history of the development of China’s highway construction, which reflecting the history of China’s transformation process from a planned economy to a commodity economy to market economy, also is the history of new China from closed to open and backwardness to prosperity. On the eve of new China was founded in1949, the national highway mileage is only75,000km. After the reform and opening up, the State Planning Commission, the State Economic Commission and the Ministry of Transportation jointly issued a national highway network planning, and take measures to accelerate the development of highway construction. In1988, our country built the first expressway from Shanghai to Jiading, which changed the history of our mainland China did not have highway.1990s, the state given greater emphasis to highway construction, the Party Central Committee made the cause of transportation, especially road development as the global, strategic and urgency task of the national economic development. It is also during this period there was a new term-"three road chaos", which means set up station arbitrarily, collect fees arbitrarily and mete out fines arbitrarily, include road arbitrary institute station, road arbitrary fines and road arbitrary fees. In1994, the State Council issued the "Notice on the Prohibition of road arbitrary institute station, road arbitrary fines and road arbitrary fees". Then the whole country carried out the special rectification for the "three road chaos".Today, in our country the highway mileage of up to3.984million km, the highway mileage is74,000km, the country has gradually formed a network of highways extending in all directions. The road transport industry has become the most extensive range and the most flexible transport in transportation service industry. But the "Three road chaos" does not disappear, road arbitrary fines is particularly serious, like a long lasting illnesses, become a huge shadow in highway traffic enforcement, triggering a series of everyday issues.This paper summarizes the reasons of the road arbitrary fines can not be cured in17years. First reason should be that a variety of policies and regulations overlap and the punishment standards are not unified. Second reason is the enforcement authority is unclear, and the low level law enforcement officers due to law enforcement confusion. The last point is the economic benefits driven to lead to a law enforcement motive imbalance. Integration of various reasons, from prevention to treatment and then to prevent a rebound, we need not only to improve various laws and regulations, regulating legislative activities, integrated existing regulations, unified standards of law enforcement, but also improve the highway law enforcement supervision mechanism to increase the mode of supervision, expand the administrative open range. At the same time an effective relief system is also very important, not only to increase the channels for complaints, but also improve the work of administrative reconsideration and administrative litigation. Finally, promote highway traffic management system, in order to prevent road arbitrary fines in a deeper level. Feet freezing cold day, want to eradicate the road arbitrary fines, the departments should be work together unremittingly.