Analysing The Punishable Case Of "Rush Yellow Lights" With The Theory Of The Administrative Law

The first administrative punishment case “rush amber light”, After the administrativereconsideration and the first trial, On April6,2012，the intermediate people’s court ofJinxing city made a final decision about ShuJiangRong’s illegal behavior. After judgment, ithas attracted people’s widely attention. In this text, starting from the case and using the theoryof administrative law, making a comprehensive analysis of the case.First of all, controversial issues of the administrative punishment case “rush amberlight”and analysis it. Respectively from the Angle of the illegal and unauthorizedinterpretation and legislation goal three aspects, analysis of the case. Comprehensiveunderstanding and analysis come to the conclusion, the case was cause of concern thatPeople’s court of applicable law accurate or not.Besides, use of administrative legitimacy principle and administrative rationalityprinciple to analyze the case. Administrative legitimacy specific administrative penaltiesincluding the subject, foundation, legal procedure; Specific administrative penalties includingadministrative rationality must be in accordance with the legislation purpose, motive,proportionality, integrity of enforcing the law. Considering "rush yellow lights" administrativepunishment case, violates the "law has no clear stipulation not punishment" of the spirit of thelaw and administrative penalty legislative purpose, even existed selective law enforcement.Therefore, administrative organs of the penalty are without merit, the punishment of theadministrative authority behavior goes against principle of honesty and credibility. It is unfair.The third part, analyzed the administrative authority for the limits of applicable law.Thinking that administrative interpretation is dependent on the applicable law, administrativelaw enforcement without administrative interpretation, applicable laws of the process is theinterpreter of law, the different applicable will make different interpretations to the same lawsand regulations. Therefore, in order to effectively avoid administrative organs in the processof application of law in excess of administrative interpretation. We should be in the process ofexplanation to respect for history and status quo, for legislative purpose, respect for law textsinherent logic and notice of extraterritorial experience for reference.