The Maifeasance And Power Control On Enforcement Of Traffic Administration Law At Grassroots Level

The transportation industry of China has made significant achievement since the adoption of the reform and opening up policy,however,various issues also come along with the prosperous development,among which,corruption and bribery,malfeasance and torture crimes have become a difficult problem disturbing the development of the transportation industry.At present,China is experiencing a highly intensified anti-corruption situation,and with the deepening of the promotion of field reform,the legitimate implementation of traffic administrative law enforcement power also puts forward new requirements.This article from the perspective of public governance and power control theory,through the analysis of 120 cases,argues that the malfeasance crime occurred during the traffic administrative law enforcement process is the most serious corruption;its essence is the law enforcement officers' violation of their statutory obligations and duties,and desecration of statutory functions,which is the most extreme manifestation of power anomie.Such cases reveal a lack of awareness and recognition to malfeasance crime,insufficient supervision and control to power operation,untight internal administration to the industry,unscientific review to the power operation process and result,and etc.The author also further examines the high-speed road administration management,management of overrun and overload,traffic engineering supervision and passenger fuel subsidies and other aspects of the outstanding problems.The study shows that,along with dereliction of duty with respect to traffic administrative law enforcement,is the serious damage to life and property,and bad social impact,therefore,in the process of power control,special attention should be paid to the "forwarding start-point for inspection" "to prevent first" concepts,and to maximize the control of the damage caused by the power anomie.From the concept of prevention of duty crime,there are 5 strategies controlling the power of the traffic law enforcement,namely,the establishment of normalized working mechanism for duty crime prevention,the establishment of risk early warning and prevention and control mechanisms for power anomie,strengthening admonishment and guidance mechanism for the integrity of the main body of power,strengthening the mechanism of supervision to power operation process,and strengthening mechanism to standardize the regulations and rules with respect to the key process of power operation.