Research On Public Secutity Organization’s Administrative Enforcement In Traffic Management

In the field of administrative law, mainly reflected in the value of administrativeenforcement system, on the one hand is the standard setting and implementation ofthe compulsory administrative, guarantee and supervise the administrative organsshall perform their duties according to law, on the other hand to safeguard publicinterests and social order, protect the legitimate rights and interests of citizens, legalpersons and other organizations. Therefore, to maintain public order, the realizationof administrative function, protect the legitimate rights and interests ofadministrative relative person, the system of administrative compulsory isindispensable. Public security traffic management and administrative enforcementsystem as an important part of administrative enforcement system, for maintainingroad traffic order, ensure the smooth flow of traffic safety, ensure the implementationof traffic management administrative functions, urged the administrative relativeperson to perform the duty of administrative is of great significance. Countries in2003promulgated the road traffic safety law of the People’s Republic of China(hereinafter referred to as the "law of road traffic safety"), and two times in2007and2007for correction, for maintaining road traffic order, prevent and reduce trafficaccidents, protecting personal safety, protect the property safety of citizens, legalpersons and other organizations, and other legitimate rights and interests, the valueof improving the efficiency of traffic, but the effect and the present status of roadsafety. On June30,2011, the law of the People’s Republic of China onadministrative enforcement act (hereinafter referred to as the "administrativeenforcement act") approval, and in January1,2012formally implemented. The lawshows the standard administrative organs shall perform their duties according to law,ensure the realization of the administrative functions, improve the efficiency of theadministrative relative person to perform its obligations, to maintain public order andsocial justice, to protect ordinary citizens, and the value of the legitimate rights andinterests of executives and other personnel, to further standardize the public security traffic management and administrative enforcement system has an important guidingrole.The compulsory administrative act for the public security organ has a positiveinfluence traffic management system of compulsory administrative, reflected inincreased demand for public security traffic management and administrativeenforcement, regulating the behavior of the public security traffic management andadministrative enforcement, the traffic administrative department of the publicsecurity organ to apply for the court to enforce more efficient, convenient, but alsohave a negative impact, some compulsory measures may be due to the lack of legalbasis to illegal enforcement measures, part of the administrative enforcementprocedure may be conflicts with existing rules, and so on. Leading to the publicsecurity traffic management and administrative enforcement system in China existshortcomings, the main body of compulsory administrative chaos, specific defect ofadministrative coercion, administrative enforcement procedure and legalresponsibility, relief to completion, etc., needs to improve the system of publicsecurity traffic management and administrative enforcement. By the legalexplanation of compulsory administrative, analyzing the basic theory of the publicsecurity organs traffic management system of compulsory administrative, andconnecting with the "law of road traffic safety", focuses on analyzing thecompulsory administrative law after the deficiency existing in public security trafficmanagement and administrative enforcement, and put forward the perfect measures.This article main body into four parts:The first part is the introduction to the theory of the public security organstraffic management system of compulsory administrative, define the concept ofpublic security traffic management and administrative enforcement system, analysisof public security traffic management and legal basis of the system of administrativeenforcement, public security organs traffic management features and functions of theadministrative enforcement system;The second part is the public security traffic management present situationanalysis of the system of administrative enforcement, to the public security organ asprescribed by the administrative compulsory set and traffic management, traffic management the main body of compulsory administrative, traffic managementprocedures, the enforcement and legal responsibility as the research content,combined with the content of the act of administrative enforcement and some of theforeign model, analysis the present situation of our public security organs trafficmanagement system of compulsory administrative as well as the significance of ourcountry;The third part is the compulsory administrative law after the public securityorgans traffic management system of compulsory administrative problem analysis,introduces the legislative concept of the administrative enforcement act, law on roadtraffic safety analysis the compulsory administrative law of the influence of thepublic security organs traffic management system of compulsory administrative, aswell as the existing problems;The fourth part is consummates our country public security traffic managementsystem of compulsory administrative measures, on the basis of above, from the lawenforcement concept, style of law enforcement, legislation, procedures, compulsorymeasures and legal liability and other aspects, put forward the perfect measures.