The Research On Problems And Countermeasures Of Traffic Police Compulsory Administrative Measure Procedure

Clothes,food,accommodation and travel are very important for residents.Road Traffic Safety Law gives the power of the road traffic safety management to the traffic administrative department of the public security organ,which has the power of administrative enforcement given by the relevant laws and regulations.Executing compulsory administrative measures is one of the traffic police common methods for law enforcement.Suspending a driving license,detaining a motor vehicle and the drivers of drunken protectively affect the rights of the administrative counterparts directly.Especially after Compulsory Administrative Law came into effect in 2012,because Road Traffic Safety Law,Road Traffic Illegal Behavior Treatment Procedures and Road Traffic Accident Treatment Procedures are formulated in the prior to the Compulsory Administrative Law,which leads to the conflict between them.This paper combs the theory of types of traffic police compulsory administrative measures,legal basis,procedures,etc.From the angle of the general procedure of traffic police compulsory administrative measure and special procedure of different kinds of compulsory measures,combining with the traffic police law enforcement practice,this paper analyzes the current problems and the reasons of traffic police compulsory administrative measure procedures existing in the legislation and law enforcement.In view of the conflict on the number of law enforcement,the period of detaining accident vehicle is fuzzy and the lack of constraint sober procedure and report procedure on legislation and law enforcement,this paper proposes to modifying the legal norms,implementing personnel job rotation system and using the technology to solve the specific problems of the current traffic police compulsory administrative measure procedure.The research object of this article is traffic police compulsory administrative measure procedure,where research achievements are very scarce in theory and practice.This article aims to apply the relevant theories of administrative law and administrative procedure to the practice of traffic police compulsory administrative measure procedure.Combining with the improvement of the related theory,this paper analyses reasons and puts forward countermeasures about the problems that exist in the reality on the aspects such as legislation and law enforcement,so as to help the traffic administrative department of the public security organ enforce the compulsory administrative measures fairly.This paper provides the corresponding countermeasures and suggestions to solve the problem of legislation and practice,which could improve the traffic police compulsory administrative measure procedure.