An Analysis Of The Case Of Administrative Violation Of Wenzhou Traffic Police Detachment

Wang Alan v.Wenzhou City traffic police detachment administrative crimes,after the multi-level people's court in Zhejiang Province,many times before and after two years and seven months,in the community caused a major response.Through the analysis of the reasons for the parties and the results of the trial of the court to extract the legal relationship involved in this case,clear the focus of its controversy.Through the analysis of the focus of the dispute,to clarify the traffic police set up a card to check illegal vehicles and forced to intercept the legal properties of the law and the internal legal documents of the legal effect.The traffic police set up the card to check the illegal vehicles and forcibly interception behavior became the focus of the controversy of the case is the behavior of the administrative inspection behavior or administrative de facto behavior,and its root cause should be the administrative litigation scope of the legislative model.This paper puts forward some suggestions on the improvement of the scope of administrative litigation and the improvement of internal normative documents through the analysis of the focus of the dispute and the relevant revision of the Administrative Procedure Law.This paper is divided into four parts.The first part introduces the basic situation of the case and the court's reasons and results,and summed up the controversy in this case.In the second part,through the study of the remedies available in the field of administrative litigation by investigating the illegal traffic vehicles and forcibly intercepting the traffic police,the article analyzes the scope of the case of the administrative compensation litigation in Lucheng District,Wenzhou City,and Wenzhou City The court defined it as administrative facts and the Zhejiang Provincial High Court as its administrative inspection behavior,through the administrative litigation approach to Wang alan relief reasons.The value of procedural rights and obligations in administrative law is analyzed through the distinction and connection between administrative inspection and administrative factual behavior.The third part clarifies the meaning of other normative documents and divides them into internal normative documents and external normative documents according to their object and legal effect.Internal normative documents generally only affect the executive and its staff,but the application of the principle of equality or the principle of administrative trustprotects that only the internal normative documents that govern the administrative organs and their staff will have external legal effects.Normative documents legally valid,then the court can be used as a basis for the review of the legitimacy of administrative acts.According to the "traffic police road duty enforcement work" role of the object and its legal effect,the norm is an internal normative document.This article demonstrates whether the "traffic police road enforcement law enforcement" is valid and effective,and through the principle of equality or trust protection principles to further analyze the normative documents in this case whether the externality of the effectiveness of whether the court can be reviewed as the Wenzhou City traffic police Detachment to check the illegal vehicles and forced to block the legitimacy of the basis.In the fourth part,on the basis of the newly revised Administrative Procedure Law,the author puts forward some practical measures in the judicial practice to improve the legal effect of the administrative litigation and the internal normative documents.