Research On Procedure Discretion In Administrative Law Enforcement On Road Traffic Safety

In recent years,the number of public opinion incidents on law enforcement by administrative organs has increased.In particular,law enforcement incidents by traffic policemen frequently enter the vision of the general public.After repeatedly watching and analyzing the law enforcement incident,the author has found that in this textbook-style law enforcement incident in the eyes of the general public,the standard for the law enforcement policeman to determine invalid warnings to the administrative counterpart in this case is controversial.After further studies,it is found that the determination of invalid warning in this case reflected the issue of administrative procedure discretion.Therefore,this thesis will study law enforcement for road traffic safety from the perspective of administrative procedure discretion.Part One of the thesis uses two upper-seat concepts of administrative discretion and administrative procedure to define the concept of administrative procedure discretion,and distinguishes administrative procedure discretion from administrative substantive discretion in terms of the effects,objectives and content of discretion.Part Two reflects on the status of law enforcement for road traffic safety,sorts out rules and regulations involving the law enforcement by traffic policemen,and categorizes the procedure discretion in current legal provisions on law enforcement for road traffic safety.In addition,the thesis also compares two "textbook-style" law enforcement incidents and reflects on the possible problems existing between them.Part Three discovers possible problems existing in law enforcement for road traffic safety based on Part Two and adopts the administrative participation principle,proportion principle.Part Fourth mainly discusses the legitimacy of discretionary benchmarking technology,the role of discretionary benchmarking technology,and the issues that should be paid attention to in the setting of discretionary benchmarks.Part Five uses the conclusion in Part Four and adopts the"detail-refining" technology to divide the environment for the law enforcement of road traffic safety into the four benchmarks of slightly urgent,generally urgent,very urgent and seriously urgent.Then,the thesis adopts the "effect grid"technology to determine corresponding treatment countermeasures in each benchmark to standardize procedure discretion,thus solving the three problems in Chapter Three.Finally,the thesis reflects on the legal accountability of traffic policemen during law enforcement and remedy methods for administrative counterparts when their rights are infringed upon due to breach of law in procedure.