The Predicament Of Traffic Police Legal Authority And The Solution

The second half of twentieth Century so far, the Chinese economy has maintained rapid and steady development, and continuously pushed forward the construction of urban infrastructure and urbanization. Meanwhile, various problems of road traffic safety and order continue to emerge. As the executor of the Road Traffic Safety Law, the police will be in the forefront of social contradictions. In the current social transformation stage with complex and changeable social orders, the enforcement authority of grassroots police seems to be weakened. Various events such as exclusion of law enforcement, violent confrontation, intercession and bribery appear frequently, which has become a major problem threats the government image, law construction and social stability. The scale of management objects develops rapidly while the related legal system and mechanism lags behind. At the same time, other factors including social atmosphere and natural environment also restrict the police’s law enforcement work, resulting in the uneven enforcement levels of grassroots police, affecting the credibility of law enforcement of the police, which caused overall weakening of the law enforcement authority.Start with the interpretation of law enforcement authority, four factors affecting the authority establishment are summed up in this paper, that is, legal authority, department authority, individual authority and social consciousness. Based on the theory of public management and combined with the summary, logical deduction and empirical research methods, a in-depth study on the status quo of the weakened enforcement authority of police is conducted which multi-dimensionally analyzes the dilemma in legal system construction, operation and maintenance of the mechanism and the protection of the rights and interests. Many problems about enforcement subjects, law enforcement basis and level, public relations, police protection, evaluation mechanism, safeguard of the interests of the parties are discussed in detail. Some conclusions are showed in following. Firstly, the rapid growth and complexity of the management objects has increased the difficulty of law enforcement work of traffic police. Secondly, the legal environment, the Department legislation and local legislation limitations still lag behind, meanwhile, the key areas are the blank of law. Thirdly, sub-culture prevailed in the system environment. Human resources and material supply are not plentiful to some extent. Fourthly, the behavior pattern between police and the ordinary people in the traffic event is affected by the work environment, bad natural climate and severe pollution. Fifthly, there are not correct understanding on the nature of police work in current social environment.By analyzing the factors restricting the law enforcement authority of the police, a suitable solution is put forward to make some contributions to the state law construction, governance and social development. On the basis of the above analysis, four key factors are showed, including legal authority, department authority, individual authority and social consciousness. In terms of legal authority, the government should adhere to the principle of democratic legislation, promote the justice of department legislation, improve the quality of local legislation, and strive to fill the legal gaps. As to department authority, the traffic control department shall, under the guidance of the government, comprehensively deepen and improve the rights and interests protection mechanism, enhance the education training, and increase the internal and external supervision. Speaking of individual authority, the policemen should enhance the intrinsic quality, and strengthen the external performance. In terms of social environment, all the levels of government, traffic control department and ordinary policeman should be coordinated to react to the bad social atmosphere, deal with the relationship between the police and media correctly, enhance the popular legal education, and exercise the legal rights in the key moment to improve the overall social awareness of the rule of law and comprehensive quality, changing the unwholesome tendencies, which lays a good foundation for the traffic police enforcement.