Traffic Violation Cumulative Scoring System As An Administrative Penalty

The traffic violation cumulative score is one of the ways to continue to supervise the follow-up traffic driving behavior of the driver who obtains the driving permit.Article 24 of the Law of the People's Republic of China on Road Traffic Safety "Except for administrative punishment according to law,the implementation of cumulative scores The expression of the system places the cumulative scoring behavior outside the 6+1 classification of traditional administrative penalties.In the process of application,the cumulative scores in the transportation field are continuously enriched and expanded,and the “sanctionality” is constantly highlighted.The implementation of behaviors has no special administrative procedures,and the legal relief cannot be scored.File an administrative reconsideration or an administrative lawsuit separately.In practice,there are no cases of controversy over the legal attributes of the cumulative scores due to the “strong sanctions”.The rule of law is not a simple rule of law,nor is it a simple and strict law enforcement.The rule of law is a state of social existence in which value pursuit and rights are generally respected.Different interests can find a reasonable balance in law and effectively coordinate conflicts..Compared with the regulatory effectiveness of cumulative scoring behavior in regulating social order,there is no legal regulation and independent legal remedy for the behavior itself.What we need to think about is: how to further develop the use of cumulative scoring behavior and improve its regulatory efficiency;on the other hand,how to better regulate the cumulative scoring behavior itself,protect the legitimate rights and interests of administrative counterparts,and make different interests Appeals can find a reasonable balance in law and effectively coordinate conflicts.Starting from the origin of the system,the author tries to clarify the origin and development of the cumulative scores of traffic violations in China's legal level,and analyzes the characteristics of cumulative scores in different historical contexts.Through analysis,the cumulative scores have obvious "sanctions." On the basis of rethinking the definition of the“substantive standard” of administrative punishment,the functional consideration of the cumulative score of traffic violations shall be considered,and finally the cumulative score shall be recognized as an administrative penalty.The cumulative score is recognized as anadministrative penalty,which solves a legal application problem,and we also need to solve the problem of setting administrative punishment.If the cumulative scoring behavior is an administrative penalty,is it “the administrative punishment” or “other administrative punishment”,or whether it is necessary to construct a new administrative punishment system.Through analysis,the cumulative scoring behavior should belong to administrative punishment,but the administrative punishment is different from the administrative punishment under the traditional “6+1” classification under the existing legal system in China,and has administrative punishment different from the traditional“6+1”classification.Characteristics,non-traditional "6+1" classification of administrative penalties can be included,a single administrative punishment system can not solve the existing problems.China should establish an administrative punishment system of "master penalty + additional penalty",and take the opportunity of repairing the law to establish an administrative punishment system suitable for China.Administrative punishment shall be divided into primary penalty and additional penalty.The cumulative score shall be an additional penalty for administrative punishment.The discussion of the legal attributes of cumulative scoring behavior and the establishment of administrative penalties in China are not only conducive to the convergence of cumulative scoring and administrative remedies,such as administrative reconsideration,administrative litigation and state compensation;but also for other law enforcement areas such as aviation.Law,engineering,construction,forest penalties,drug management and other legal norms involving cumulative scores provide legal support and have practical value.It also has far-reaching significance for continuing the study of administrative penalties in China and improving the additional penalty system.