Study On The Traffic Enforcement Administrative Discretion

Discretion issue which determines the levels of administrative ability is the coreof administrative governance.With the development of the society，the creativity andvires of discretion has been acknowledged by more and more people.To meet theneeds of the new era is to make good use of discretion.Seen from the development ofdiscretion，discretion has played its unique role in the realm of administration，andno longer within the shadow of strict rules. In the practice of traffic police ofchina，enforcement discretion has been through the phrase of hardly curb to drasticalcurb thus on the way back to norm.Subject to our vast terrain，our law has to be abstract and synoptic， which laythe foundation of the abuse of enforcement discretion.If administrative agency failsto fulfill its obligation to make adequate administrative rules， enforcementdiscretion will be in chaos.This thesis is based on the practice of shanghai T.P.Enforcement，trying to analyze the status quo and the reasons of enforcementdiscretion，thus to give advice to the reconstruction of enforcement discretion.This thesis is divided into five chapters.The first chapter is the introduction.Thesecond chapter dissect the problems and reasons of enforcement traffic enforcementdiscretion.The third chapter is based on the practice of T.P. Detachment，analyzingthe abuse and restriction of traffic enforcement discretion.The forth chapter takesBritish Administrative Judicature and Canadian enforcement suing system asexamples，enlightening the reconstructions of enforcement discretion.Last chaptergives advice to the reconstruction of enforcement discretion and depicts the idealgood governance featured by discretional justice.