Legal Norms And Control For Traffic Police Administrative Puni Shment Discretion

According to statistics, to the end of the first half of 2014,with the "People’s Republic of China Road Traffic Safety Law"(hereinafter referred to as "traffic safety law")make the basis of national and provincial related traffic laws and regulations more than 10 Department, in addition to the various places and the corresponding local laws and regulations, many of the traffic laws and regulations in almost every administrative punishment is given a traffic police according to the specific violations of the facts and circumstances and social harm degree of discretion and the magnitude of the kinds of punishment. Traffic polices’ administrative penalty discretionary power benefits for improving their law enforcement efficiency, enhancing the pertinence of law enforcement, protecting the ultimate purpose of public traffic safety order. But the administrative penalty discretionary power is also easily abused. The traffic participant’ legal rights and social image of traffic police will be infracted. During recent years, traffic administrative department of public security ceaselessly research and formulate the relative measures, enhance the norm of administrative penalty discretionary power, and make a contribution to purifying traffic secure environment and protecting the traffic participant’ legal rights. But in real law enforcement, part of traffic polices abuse their discretionary power for the administrative penalty of traffic illegal act, such as different penalty standards for traffic illegal act, the arbitrary enlargement or reduction of administrative penalty discretionary power, even regarding laws and regulations as the tool for profit. The traffic participant’ legal rights are damaged for the above phenomena. Hence, how to guard against the traffic polices’ administrative penalty discretionary power abuse are analyzed and studied, which can further improve the police administration according to law and the masses law-abiding consciousness, reduce the enforcement of the arbitrary and unreasonable, is the specification of critical traffic police administrative punishment discretion use.