Study On The Control Of Traffic Police Administrative Discretion

The development of the times is changing with each passing day,traffic police not only should stress efficiency,but also pay attention to legal and reasonable when they facing increasingly complex management of traffic safety.So it is inseparable from the effective use of discretion in law enforcement.This is related to the unification of legal effect and social effect of traffic police enforcement,and the harmony and unity of the relations between the police and the people.In practical law enforcement,if the exercise of discretionary power of traffic policemen's administrative law enforcement is not standardized,it will easily lead to the damage of the interests of the private party.In addition,the administrative relative person is lack of understanding of the law enforcement of the police.Therefore,it causes all kinds of law enforcement contradictions,which causes the tension of the relations between the police and the people,and the impartiality and authority of the law.Therefore,we need to learn how to control the use of discretionary power in the process of administrative law enforcement by drawing on the theory and experience of controlling the success of administrative discretion in other countries and combining with the practice of our own.In reality,the single mode of control can not realize the most effective control of administrative discretion,because entity and procedure are two aspects of legal act or legal system,neither the entity without procedure nor the procedure without substantive content,and the two are closely combined,so it is necessary for us to double control of the line entity and the procedure of the discretion.In this paper,the administrative discretion of the traffic police is controlled through the formulation of the discretion standard,and it is found that the administrative behavior has astrong procedural nature,and any substantive results are obtained through the procedure.Through the dual control of the entity and the procedure,the traffic police can use the discretion in the road law enforcement more rationally and maintain the traffic safety management of the road.This paper is mainly divided into five parts:the first part is the introduction,the purpose and significance of the discretion and the methods and ideas of the study are discussed;The second part,the analysis of the definition of discretion at home and abroad,and the analysis of the scope of the discretion of the administrative law enforcement of the traffic police;The third part studies the problems encountered by traffic policemen in the process of law enforcement and analyzes the causes;The fourth part,starting from the entity,is to control the traffic police's discretion in the process of law enforcement by formulating and perfecting the discretion standard;The fifth part focuses on formulating corresponding procedural control mechanism to regulate traffic police discretion.