| In the field of traffic law enforcement,traditional law enforcement means can not eliminate some urban traffic violations in the dysentery,law enforcement agencies around the country to create a variety of experience-based law enforcement methods,including allowing drivers with high-light lights to look directly at the high beam,drink-drivers in the morgue to wake up,traffic violations to carry out real-name exposure.Experiential law enforcement is the embodiment of the innovative working methods of administrative law enforcement departments,which has a good intention,and is an attempt to be expected in the social effect of legal realization.However,the controversy of experiential law enforcement contains the infringement of citizens' private interests and public order,the contradiction between rule restriction and discretion,and also inspires us to explore the construction of discretionary justice in administrative law enforcement.If we want to popularize this kind of law enforcement method,we should explore the feasible way to legalize it,further improve and refine the aspects of legislation and law enforcement,which can not only make the administrative counterpart should be punished,but also play a good educational and warning effectThe first chapter,analysis of the current situation of experiential law enforcement.This chapter is divided into three sections,the first section is to describe the various ways of experiential law enforcement inside and outside the domain,and briefly summarize the public's attitude towards this.The second section summarizes the definition of experiential law enforcement through the specific analysis of the purpose and process of law enforcement,and according to the elements of administrative punishment embodied in law enforcement behavior,this paper considers it to be an administrative punishment rather than an administrative guidance.On this basis,the third section expounds the dispute sonofthe legality of experiential law enforcement through the interpretation of relevant laws and regulationsThe second chapter studies the causes of experiential law enforcement.First of all,traffic violations have become the most prominent and common social problems in the city,relying only on the past law enforcement methods to heal the many difficult diseases in the field of traffic law enforcement,should be the traditional law enforcement methods of penalty escrow reform;The legal literacy of law enforcement officials needs to be improved and other reasons lead to the modernization of the administrative law enforcement system response ability is limited,finally,the awakening of public consciousness of citizens promotes the theory of public participation,the role of law is not only punishment,but also prevention and education,law enforcement should respect the human dignity of the parties,to carry out various law enforcement activities humanely and rationally.In layman's terms,this is the law allowed,full of humanity,focus on social interests of law enforcement,therefore,a flexible and pluralistic traffic law enforcement system can better meet the requirements of the flexibility of traffic law enforcement activities,thus playing a broad warning role for citizens,and thus guide people to abide by the rules.Therefore,experiential law enforcement has emerged.The third chapter,the experiential law enforcement of the legitimacy torture.First,trying to replace the punishment of legal weapons with flexible law enforcement of "self-innovation" is not beneficial to the efficiency of administrative law enforcement and long-term enforceability,and second,from the perspective of value and essential attribute,the exercise of administrative law enforcement power is the way of expression of national political power,is the way of realizing legal authority,and the administrative counterpart's recognition of rights,Transfer is the fundamental source of this power,the construction of discretionary justice in our country is not perfect at present,the"judgment" and "tailoring" ability of law enforcers in experiential law enforcement has not reached the height required by law by standardized assessment,which is likely to cause the abuse of power and rent-seeking.Third,the process of experiential law enforcement will infringe on the legal substantive rights and legal procedural rights of administrative counterparts,and the rights should be the core of law enforcement;The maintenance of order by administrative punishment first depends on the rigidity and force of the rules,the innovative law enforcement behavior of experiential law enforcement,which is full of gimmicks in the present situation,but also violates the purpose and utility of the legal system and erodes the prestige of law enforcement.The fourth chapter puts forward the specific design of the legalization of experiential law enforcement.First,the system construction aspect:the experiential law enforcement as a kind of admonition punishment,as a warning in the legislation to clarify the enumeration provisions,as well as the establishment of administrative punishment in the context of breach of trust punishment mechanism,so that citizens' hidden illegal cost manifest,the scope and way of citizens can exercise their rights and their own traffic illegal records to establish a scientific link,In order to make civil rights interdependent,increase the cost of illegal ity of the people,and second,the power regulation aspect:strengthen the application of the principle of proportion in the process of administrative law enforcement,respect and safeguard the human rights of the illegal relative,including the body,health and other basic human rights,will limit the adverse effects of the relative to the smallest possible scope and scale,To maintain and develop civil rights as the final destination,improve the administrative law enforcement supervision and accountability mechanism,in view of the new problems and new blind spots in experiential law enforcement,the development of a supporting supervision system,so that every aspect of urban road traffic law enforcement supervision work has a law to follow,strengthen the internal supervision of law enforcement agencies,while giving full play to the external supervision function,Avoid abuse of power;third,the protection of rights:experiential law enforcement should guarantee the procedural rights of the opposite person,practice procedural justice,strictly abide by the punishment method,degree of standardization,must not "make any thing out",promote the transformation of the functions of law enforcement agencies,establish the concept of administrative services,pay attention to administrative interaction,explore the market-oriented operation mechanism of administrative law enforcement to save law enforcement resources,so that law enforcement behavior to achieve better social effects.To sum up,the humanized innovation of law enforcement usually conforms to the public's simple understanding of "justice",and experiential law enforcement is born from time to time,with the luck.This is a timely reminder,but also a kind of good faith education,it closes people and the law,but also ease the tension between law enforcers and lawbreakers,but this seemingly beautiful experience law enforcement has the principle of illegal governance and spirit,China's rule of law construction process must need the discipline of the rule of law,and hardening,At present,we still have to pay attention to the law enforcement behavior of the fixed force and rigidity On this basis,to realize the legalization of experiential law enforcement,not only test the legislative quality of our country's legislative departments,but also put forward higher requirements for law enforcement standards,this process needs to be prudent,rigorous and perfect legislation,but also need to change the traditional law enforcement thinking,so that experiential law enforcement can smoothly embark on the path of legalization. |
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