The Regulation Of The Discretion Of Administrative Law Enforcement In Road Transportation

Road transportation administrative law enforcement discretion is traffic administrative organ with the internal law enforcement officers in the related road traffic safety laws and regulations within the authorized by adhering to the spirit of the law and the principle of fairness and justice,in the face of illegal behavior,independent of the flexibility to choose the most suitable form of administrative law enforcement,amplitude and application permissions,this is not only the need of make up for a lack of legislation,and promote the construction of administration according to law.At present,the national comprehensive strength continuously improve,especially in the car as the main traffic tools of the rapid development of modern road traffic system,makes our country need to road transport administrative affairs more and more,also more and more complicated.However,due to the limitation of the inherent law itself and lag,cause a part fuzzy rules difficult to enforce,many decision criteria is not clear,make the law enforcement of administrative law enforcement discretion rights too.At the same time,in the actual law enforcement,illegal discretion of administrative organ and its traffic law enforcement officers phenomenon common occurance,which not only seriously damage the image and credibility,but will also damage the legitimate rights and interests of administrative relative person.It is very important to standardize the exercise of the law enforcement discretion of the administrative law of road traffic and transportation.To strengthen the regulation of administrative discretion of road traffic and transportation,we can reasonably draw lessons from the basic theory of administrative discretion at home and abroad and the relevant experience of the development of administrative discretion in other fields.In terms of the present,it is necessary to strengthen the supervision of legislation system Settings,science for road transportation administrative law enforcement discretion benchmark,perfecting the system of the related regulations,such as law enforcement case guidance system,law enforcement according to the review system,etc.In addition,by strengthening judicial review,we can effectively supervise the standard exercise of the law enforcement discretion of road traffic and transportation administration,and protect the legitimate rights and interests of administrative counterparts.