A Study On The Exercise Of Traffic Police's Administrative Discretion And Its Influencing Factors

As a typical sort of street-level bureaucrats,traffic police practice discretion in China's public management.The most frequent and closely interaction with the public has profoundly affected road traffic management.In recent years,many scholars have studied traffic police's administrative law enforcement discretion from the perspective of the rule of law,which has promoted the improvement of administrative discretion and judicial review.However,the existing literature seldom discusses the extent and influence of discretion in practice Through case analysis,this study finds that the reduction of police-civilian conflicts,"humanized" law enforcement,and many other factors have led to a low degree of discretion The factors that influence the degree of discretion of traffic police enforcement are:lack of legislation,lack of justice,street bureaucrats themselves,and constraints on organizational management.1.The lack of legislation has made traffic police lack of a corresponding legal basis in the face of complex and changing road traffic conditions.The newly emerging traffic violations exceed the original scope of the law,resulting in improper or excessive discretion;2.The absence of justice results in insufficient supervision of the legality and rationality of traffic police enforcement procedures and punishment results,and it is easy to ignore the standardization of discretion;3.The subjective initiative,mental pressure,and workload of street bureaucrats will be directly projected into the law enforcement."Emotional" law enforcement is prone to occur;4.The pressure of assessment and the transfer of work tasks reduce the time for law enforcement,which has a great influence on the discretion of traffic police.Based on the theory of street-level bureaucrats,this paper studies the factors that influence the discretion of traffic police.While promoting the improvement of the rule of law and clarifying legal interpretations,it aims to provide street-level bureaucrats with a more stable internal environment for law enforcement and police protection,improving law enforcement efficiency and justice fairness and rationality,and further considering the constraints of space and time.The law enforcement of traffic police's discretion is standardized and effective.Make each effort to eliminate the factors that cause discord between police and the public,to arrive at a situation where discretion is legal and discretionary,punishment on a case-by-case is fair and just basis,a harmonious relationship between the police and the people is built.Therefore,ensuring that power operates with transparency,the construction of a government ruled by law,and the loyalty to the party along with service People.