Based On The Principle Of Proportionality Under The Road Traffic Administrative Law Enforcement Problems And Thoughts

Road traffic law enforcement is to carry out social management activities of roadtraffic regulations,and its purpose is to fully and accurately implementation andrealization of road traffic management laws, regulations administrative functionsconferred road traffic administration authorities to safeguard and safeguard the rightsand freedoms of citizens, the protection and maintenance of road traffic order.20years of reform and opening up, China’s economic development has undergone atremendous change，the increasing complexity of road traffic conditions, road trafficlaw enforcement facing more and more problem, while road traffic law enforcementbody in the enforcement process must follow the relevant legal requirements, so anybad or improper conduct lawful, reasonable administrative, enforcement of which willbe subject to legal sanctions and penalties, which has formed a broad socialconsensus.However, in real life law violation, corruption in law enforcement, lawenforcement and other issues, but in no improper disappear, especially in road trafficlaw enforcement.Ultimately, the road traffic law enforcement is the administrativebody of the biggest problems in law enforcement, taking into account whether theappropriate administrative measures, necessity and proportionality, which is theadministrative body in the choice of whether to take into account administrativemeasures administrative law principle of proportionality.The principle ofproportionality in the administration of road traffic law enforcement has not been agood use of them, that led to law enforcement efficiency and social efficiency is nothigh.This paper intends to closely integrate the principle of proportionality and theactual administrative work of road traffic law enforcement, starting from the currentsituation of China’s road traffic law enforcement and road traffic law enforcementaround the problems, analysis of the causes of these problems through legislation, lawenforcement point of view, and there are puts forward ideas and suggestions toimprove.Paper is divided into four parts.The first part is an overview of the principle of proportionality and road trafficadministrative law enforcement.Elaborated on the basis of the principle ofproportionality and road traffic law enforcement concept, analyzed the principle ofproportionality content and traffic characteristics of administrative lawenforcement,introduced the principle of proportionality embodied in road traffic lawenforcement among.The second part indicates the current situation of road traffic administrative lawenforcement.With our country road traffic administration law enforcement presentsituation, points out the causes of road traffic law enforcement under the principleproblems of proportion and analyzed to produce the problem.The third part, introduces the embodiment of foreign road traffic administrationenforcement of the principle of proportionality.Of road traffic-related statute extraterritorial analyzed, to compare the behavior of law enforcement to find out onour road traffic law enforcement some inspiration.The fourth part presents the traffic administrative law enforcement to improvethe general idea.Pay attention to the proportion principle analysis of road trafficadministrative law enforcement, clear from the perfect legal norm, refined discretionstandard, strengthening the judicial review, standardize law enforcement activities, thepopularity of the citizen participation and other aspects,settled on the principle ofproportionality in road traffic law enforcement in the use of give full play to the roleof road traffic administrative law enforcement.