Regulation Of Highway Administrative Punishment Discretion

The characteristic of modern administration is the rapid expansion of administrative power, the external performance of the expansion of administrative power is the power of the executive authorities to decide what kind of administrative acts, that is, discretion. This power has contributed to the rapid resolution of administrative work, however, to achieve the ultimate goal of the administrative law enforcement of the laws, and must be standardized control on administrative discretionary power. The irregular exercise of the discretion of the administrative discretion violates the purpose and intention of the legal authority, and interferes with the legal order, and its consequences are serious, and it is harmful. Especially in the process of traffic law enforcement, it is more prone to abuse of administrative discretion. Therefore, it is of practical value and theoretical value to study the problem of how to regulate the exercise of administrative discretion. 《Highway Law of the People’s Republic of China》、《Road management regulations》 and other highways management laws and regulations is vested in the highway management agencies a lot of discretionary power. Highway administrative punishment as the core of administrative law enforcement on highways, is road of the administrative law enforcement means, and also has be used indiscriminately to the risk and the reality of the situation, which resulted in the administrators and managers to produce conflict, conflict, or even detrimental to the administrative law enforcement in line and hinder the national harmony and stability. Therefore, it is of great significance to limit the discretion of the administrative penalty. This paper prepared by combining a highway law enforcement cases, the use of theoretical knowledge of how to regulate the exercise of discretion to be explored.This paper is divided into three parts:first, the analysis of the basic content of highway road administrative penalty discretion right, expounds its definition and typical performance characteristics of the main types. In the second part, through the analysis of the actual cases of abuse of administrative penalty discretion, summed up the abuse of law enforcement agencies in the hearts of people in the image, may cause damage to the vital interests of the people, may not be conducive to the national administrative law enforcement work. Then, listed on the right to use the free discretion of various factors, one is excessive "freedom", the two is the power of the power is too large, the regulatory system has not yet been implemented, will lead to power is being used more and more. Finally, the method of how to regulate the discretion of the administrative law enforcement is proposed. For example, the law enforcement officers to carry out re education training, establish and improve the relevant rules and regulations, and give full play to the role of the program, the establishment of a sound supervision and control mechanism.