A Traffic Administrative Penalty Case Of A Traffic Police Force In The City Of Liu

The number of motor vehicles on urban arterial roads increased,the road conditions are increasingly complex,the illegal behavior of motor vehicles gradually increased,bring new challenges to traffic law enforcement,it also reveals some problems of traffic law enforcement officials in administrative penalty,in the case of administrative litigation,the judge can not properly handle the cases of such punishment and can not properly coordinate the interests of the parties.This paper analyzes the case of traffic administrative penalty,this paper mainly explains the principles that China's traffic law enforcement departments should follow when dealing with the decision of administrative penalty of road traffic,in the evidence,the court only has the evidence of the parties,and the application of limited interpretation in administrative trials.This article includes four parts,the first part is the introduction to the case,the author chooses a case that the case is simpler case,the administrative relative person illegal temporary parking inside the yellow squares,a traffic policeman direct administrative penalty fines of up to three hundred yuan,the other party of the object to the administrative punishment and administrative litigation to the court.After the introduction of the case,the three controversies that exist in the administrative penalty case are summed up in the second,third and fourth parts.The second part presents the first controversy of the case,namely whether the administrative penalty of the traffic police force violates the principle of "education and punishment".The author firstly expounds the concept of "education and the principle of the combination of punishment" and presents the meaning of adhering to the principle.And then combined with the case,through the analysis of the nature of illegal ACTS in this case the defendant ryu,think traffic police in administrative punishment not following the"combining education with punishment principle",so to support a second trial court for canceling the administrative penalty.The third part puts forward the second controversial focus of this case,which is the identification and application of"one-to-one evidence".The author analyzes the "one-to-one evidence" in the administrative penalty,explains the concept of the evidence,and determines the standard and the meaning of the standard.Then,in the case of the case,the author analyzes the rationality of the criterion of the validity of the proof of the advantages of the two trial courts after the review of the contradictory statements of the parties.The fourth part puts forward the third controversial focus of the case,namely the application of the judge's limitation interpretation in this case.The author firstly introduces the concept and the applicable conditions of the limited interpretation in administrative trial,and analyzes the rationality of the judge's application of the limited interpretation in the administrative trial.Then combined with the case study,the second instance judge in this case is concerned with the limiting interpretation,and finally the value of the judge's rationing interpretation is obtained.