Highway Research On Public Security Administrative Law Enforcement Problem

This article is divided into the main introduction, body and conclusion of three parts. Introduction some of the major topics of the background and significance, put forward the basic issues of the highway public security administrative law enforcement, the field of administrative law within the the highway public security administrative role, and the basic idea of the research described in this article based on the administration of public security problem of administrative discretion exercised effective control, and in specific areas to play an important role as the starting point of writing, highway public security administration in the Executive homemade theory and path dependence theory research, and some of the advanced experience of foreign learn Expressway Public Security Chief of the characteristics and value of existence are analyzed, and an attempt to build a suitable for China’s highway system development truth of administrative law enforcement system. Around this goal, the body part of a total of four parts.The first part of the highway the current public security administrative law enforcement Overview first departure from the basic concepts to explain the basic connotation of the "highway of administrative law enforcement which the concept of administrative "," public security administrative public security administrative law enforcement "to be defined andseparate and thus abstract the general definition of "highway of administrative law enforcement-public security organs of the traffic department in charge of maintenance of the highway road traffic safety, in accordance with the terms of reference and legal procedures and the exercise of management, organization, regulation of state power to a specific administrative actproposed ternary theory as a basis for the so-called "triple’refers to the administrative body, administrative acts and administrative relief three factors as highway administrative law enforcement theory core elements of the research system is on the highway Public Securityfurther deepen the administrative law enforcement connotation, at the same time laid the text of the basic tone the ternary theory is the context of this article, throughout the whole story, the introduction of the theoretical structure, to make this an organic whole. Concept system and theoretical introduction, followed by an overview of the basic license and the internal mechanism of the existing highway administrative law enforcement. And pointed out that the public security department administrative functions of the principal features exercised by the transport sector; particularity of the the highway public security law enforcement discretion features and administrative remedies. The overview provides a basic understanding of the the current highway public security law enforcement, well pave the way for the second part of the further analysis of its problems.The second part, in-depth analysis of the current problems in the highway public security administrative law enforcement system, three points discussed were administrative discretion is too large, unknown powers and responsibilities of the administrative body, administrative responsibility system is not complete. Then from its unknown powers and responsibilities of the main law enforcement powers and responsibilities of accountability mechanisms lack of analysis of the root cause of the formation of the current status quo.The third part from the domestic and international analysis of the mode of the highway public security law enforcement system, the introduction of "centralized management" mode, after Germany’s authorization management, decision-making and law enforcement separation mode unified law enforcement mode and France, and in the commentarypointing out the reference. Domestic advanced mode "Chongqing" as the representative of law enforcement model, there are also reference another Jilin double law enforcement model.The fourth part of China’s highway construction design of public security and law enforcement system. For the highway public security law enforcement administration, the introduction of the transport sector law enforcement, public security departments comprehensive law enforcement and highway law enforcement, four modes of joint law enforcement and careful analysis, commentary, and criticism of Chongqing mode final establishment of joint law enforcement "as the highway public security law enforcement model, noting that it is based on" according to law ", responsible administration, efficiency administrative administrative law basic requirements. Police Administrative Act for highway discretionary characteristics, the first analysis of the general principles of discretion limit, the behavior of discretion to limit administrative procedures, reasonable administrative principles, followed by the introduction of specific mechanisms of imposing fines separation docket system of discretionary the right to be limited. The perfection of the system of the highway public security administrative responsibility, first discusses the general concept of accountability mechanisms, and then build accountable system of supervision to the integration of reconsideration, litigation and other administrative responsibility, to the right of the highway of administrative law enforcement relative Chief relief.