Research On The Traffic Police's Investigation And Punishment Of Traffic Violations And Its Standardization Path

Although The Amendment IX to the Criminal Law of the People's Republic of China puts Two ultra and one dangerous traffic violations' into punishment formally,raising the cost of the offenders,and the traffic credit management system has been formally implemented in Jiangsu province,connecting the traffic violation with personal credit,traffic violations cannot be stopped despite repeated prohibition,people are still not quite aware of illegality' for traffic violations,leading to huge traffic safety hidden trouble.Throughout the current practice of investigation and punishment on traffic violations by traffic police,we can see traffic police departments at all levels from the central to the local have invested a large amount of police force and energy in the regulation on traffic violation,with a variety of means and measures,and made a lot of beneficial exploration on management mode and service mode.However,the effect of regulation on traffic violations is not very ideal.Based on this background,this paper will be divided into three parts,digging into the problems in the process of investigation and punishment on traffic violations by traffic police,and puts forward standardized resolutions with legal knowledge and traffic police practice work experience.The first part starts from the statistics of investigation and punishment on traffic violations by Jiangsu traffic police in 2016,and illustrates the difficulties of traffic police to investigate and punish traffic violations and analyze the effectiveness in combination with the actual situation.Then sets forth a comprehensive law enforcement practice from the theoretical level and practical level of the investigation and punishment on traffic violations by traffic police,showing the legal basis,classification and methods for investigation and punishment on traffic violations by traffic police preliminarily.The second part deeply analyzes the problems of investigation and punishment on traffic violations by traffic police.Combined with statistical analysis on traffic violation and cases in practice,this part discusses the problem of illegal off-site law enforcement of electronic traffic police from three aspects,including traffic violation cumulative scoring system generates 'buy selling points' market,insufficient legitimacy of off-site enforcement evidence,the subject of off-site law enforcement is not qualified and so on.In addition,this part analyzes the problem of incorrect use of traffic police discretion,which includes beyond discretion,abuse of discretion,and improper exercise of discretion by traffic police.Lastly,this part elaborates the problem of absence of legal basis of investigation and punishment on traffic violations by traffic police because of imperfect laws and regulations of the traffic police law enforcement,unclear relevant technical standards and conflicts between the law enforcement basis,etc.The third part summarizes the standardized path to investigate and punish the traffic violations by traffic police.Based on the analysis on problems of investigation and punishment on traffic violations by traffic police,this part expounds standardized resolutions for the traffic police to investigate and punish traffic violations according to law enforcement standardization,which includes improving application of the electronic police to enhance the efficiency to investigate and punish traffic violations by traffic police,optimizing the paradigm to investigate and punish traffic violations by traffic police on the basis of emphasizing effects of law enforcement,standardizing the procedure of investigation and punishment by traffic police at the same time of strengthening the legal safeguard,in order to improve the ability and effects of the traffic police to investigate and punish traffic violations comprehensively and to make good image of the public security organ,responding to the reasonable expectation of the masses.