Highway Research On Administrative Law Enforcement Problem

Since October 1988 China had established the first highway from baoshan to jiading area In shanghai,government everywhere constantly increased investment in construction 0f highway,the highway construction is growing breakthrough. According to data by 2015,there are 123000 km highway in China. In a sense, the development of the highway, is the civilization image of a province;The development of highway speed, is the reflection of a regional economic development speed. Highways has bring the convenience in the travel,at the same time, carrying the banner to speed up regional economic development.In real life, however, in the social attention economic effect of highways, highway legal normative didn’t get the attention they deserve. Cognition of the highway administrative law enforcement for people is very fuzzy, even the legal experts and scholars’ understanding of the highway administrative law enforcement is unable to agree, to some extent hindered the normative development of the highway administrative law enforcement. In the practice of the highway administrative law enforcement, the provinces highway the provisions of the administrative law enforcement main body is differ, present a unified in the administrative law enforcement system model, in charge of the type, hybrid variety of patterns, such as the highway law enforcement personnel rough justice prohibition, collect fees in disorder phenomenon. How to play the specification of the highway administrative law enforcement, ensure highway running order specification, effectively promote the development of the social economic law, an important topic for the experts and scholars study.The highway administration executive, it is important embodiment in the field of administrative law enforcement in the highway; Highway administrative law enforcement, is the highway administrative law enforcement personnel in the process of performing administrative functions and powers, to protect the rights of highway vehicle drivers, specification vehicle running. This article attempts from the perspective of administrative law, to the highway, the concept of administrative law enforcement analysis as a starting point, to refine the concept of the highway administration executive, to explore the evolution of the highway administrative law enforcement main body and classification, analysis of the highway administrative law enforcement of basic rights, inductive current mode of highway administrative law enforcement system. On this basis, summarizes the highway administrative law enforcement domain prominent problems, such as, the responsibility system is not sound, inconsistent responsibilities, too much discretion, lack of law enforcement and supervision, etc., discusses the deep reason behind the problem, namely, imperfect legislative system, law enforcement and fickle kinds, the supervision system is not sound and so on, finally puts forward the countermeasures to solve the problem of the highway administrative law enforcement.Remove the introduction and conclusion, this article altogether consists of four parts:The first part of the detailed expounds the basic theory of administrative law enforcement on the highway. From the analysis of the concept, elements of administrative law enforcement, combined with the definition of highway, it is concluded that the highway administrative law enforcement concept; Analysis from the aspect of exploring the evolution of the highway administrative law enforcement main body, and then summarizes the current classification of highway administrative law enforcement main body; Finally concluded that the highway administration executive to control the administrative discretion, realize the significance of civilized law enforcement, law enforcement and justice.The second part from solid proof of the Angle of the highway administration executive system of basic rights and mode are analyzed.To the highway administrative law enforcement of existing laws as a starting point, classifying legal basis and basic principles of administrative law enforcement and analysis of highway. System model for analysis of the highway administration executive, it is concluded that the current highway three models in the field of administrative law enforcement.The third part of the highway administrative law enforcement problems and their causes were analyzed. Points out that the highway in the field of administrative law enforcement main existing problems, such as the responsibility system of incomplete conflict, discretionary power and responsibility has been to big, the problem such as lack of law enforcement and supervision, and then analysis summed up the legislative system is not perfect too fickle kinds, law enforcement, law enforcement supervision system is not sound and so on are the deeper reasons behind these problems.The fourth part puts forward the strategy to solve the problem of the highway administrative law enforcement. Analysis on the highway, on the basis of administrative law enforcement problems and reasons, combining with the current national legal basis and system mode, put forward the strategy of the highway administrative law enforcement. To speed up the highway system reform, perfecting the highway authority responsibility system, the implementation of the highway comprehensive law enforcement, optimize the environment of law enforcement; For perfecting the highway administrative law enforcement of relevant laws and regulations of two kinds of sound, the author tries to put forward his proposition; Build the highway administrative law enforcement supervision system, establish accountability mechanism.