Study On The Punishment Of Urban Parking In Our Country

With the steady development of Chinese economy and the continuous improvement of living standards of urban residents, as well as the country’s strong support for the automobile industry and the residents of the policy supporting for car behavior in the foreseeable future, The number of the Chinese civilian car ownership will continue to increase year by year. Although the number of vehicles increases year by year, the relevant government parking resources are not fully matched,which leads to a social phenomenon in recent years,illegal parking. This paper analysis the problems and causes appearing in dealing with illegal parking behavior from the perspective of administrative penalties, including both legitimacy and justifiability. This paper analysis the aspect of the legitimacy of administrative penalties mainly in the view of the subject,basis, procedure and so on. And for the justifiability, mainly from the perspective of principle of proportion and relevant factors, especially the discretion of the traffic police in the administrative penalties for illegal parking such as the cause of abuse of the rights.This paper analysis the subject by literature research, comparative study and case analysis. And finally I draw a few conclusions personally about administrative penalties for illegal parking. From the perspective of the legitimacy ,firstly, there must be specific range of the law enforcement officers in the administrative penalties for illegal parking,for example ,what permissions of the auxiliary police is for the administrative penalties for illegal parking. Secondly, there must be categorical legal basis and normative penalty procedure, especially when the traffic police deal with the drivers who go against the traffic rules of parking by summary procedure, which law would be used,Administrative Punishment Law or Road Traffic Safety Law. From the perspective of the justifiability, the principle of proportion should be used more in the administrative penalties for illegal parking, when the traffic police deal with the illegal parking, he should not consider penalties but also consider the purpose ,the necessity and the equilibrium. And the discretion of the traffic police should not be abused ,which requests the right concept of law enforcement and good quality of law enforcement. In addition, there also should be the specific range of discretionary standards and good internal system in the traffic management department.