Prevention And Regulation Of Infringement Risk In Duty Behavior Of Traffic Police

In the report of the 19 th National Congress of the Communist Party of China,National President Xi Jinping pointed out that it is necessary to uphold the rule of law and deepen the practice of governing the country according to law.The national public security traffic police department actively implements the basic strategy of governing the country according to law,continuously deepens the reform of traffic control,improves the rule of law,promotes coordinated and coordinated governance,and strives to modernize the road traffic control capability and achieves remarkable results.However,due to law enforcement ideas,law enforcement levels,law enforcement environment and other reasons,the traffic police team has also exposed some problems that cannot be ignored in the process of law enforcement.It has repeatedly caused violations of the legitimate rights and interests of the people and seriously affected the government's credibility.The national public security traffic police department should attach great importance to,actively study and analyze the risk of infringement in the behavior of the public power,and prevent the bad effects,avoid the occurrence of infringement,vigorously enhance the law enforcement image of the traffic police department,and deeply practice the people-centered development thought.This study takes the prevention and control of infringement risk in the behavior of traffic police as the research object.It aims to combine the domestic and international research status,from the aspects of law enforcement subjects,law enforcement mechanisms,law enforcement standards and so on,using administrative law and civil law theory,combined with empirical cases to clarify traffic police infringement.The article studies the possible factors and specific performances,and puts forward corresponding countermeasures to prevent the public security traffic police from infringing on the public rights in the process of performing their duties,and infringing on private rights,inaction and chaos and causing losses to the interests of the people.To further improve the level of service support capabilities and build a law enforcement power operation mechanism that is compatible with the socialist rule of law system with Chinese characteristics,this article does some research.Specifically,this article consists of six parts:The first part is the introduction.This part elaborates the research background,domestic research status,research content,research methods and innovations.The second part elaborates the connotation and legal scope of traffic police enforcement rights.On this basis,it focuses on the four major relationships of traffic police duties,including the relationship between administrative law and civil law,the relationship between public power and private rights,public interest and individual interest,and the relationship between the duties and service guarantees of the traffic police.The third part adopts the method of empirical case analysis to systematically classify and analyze the possible infringement risks and actual performances of civil traffic police duties in China.It mainly combs the possible violation of citizens' personal rights,property rights and safe driving rights during the execution of duties by traffic police,to clarify the common infringements in traffic police enforcement.The fourth part discusses the analysis of the causes of the infringement risk in the traffic police duties,and sorts out the six main reasons: first,the legal enforcement subject is not clear about the risk of infringement;second,the legal enforcement subject's law enforcement idea is misplaced;third,the main ability and quality are lacking;the fourth is because of the interference of improper interests;fifth,the prevention and control supervision mechanism is not perfect;sixth,the standards of law enforcement and service guarantee are not clear.To solve these problems,the fifth part of the article points out that it should be improved from six aspects: first,strengthen the traffic police's awareness of the risk of infringement;second,reverse the traffic police's law enforcement concept,and establish a people-centered service concepts;third,strict screen the working staff before their entry,and supply regular training after their entry to improve the ability and quality of law enforcement subjects;fourth,through the system to avoid improper interests interference;fifth,strengthen the soundness of the prevention and control supervision mechanism;sixth,clarify the specific standards of law enforcement and service guarantee,not only to strengthen the requirements for the legitimacy of traffic police enforcement,but also to strengthen the review of rationality.The sixth part is the conclusion,which sorts out the prevention and control methods of infringement risk in the behavior of traffic police.