Research On Public Security Traffic Law Enforcement Issues Involving Driving Licenses

In recent years,Shanghai in the city to carry out road traffic supervision work.At the legislative level,the Shanghai Municipal People's Congress has formulated a very groundbreaking "Shanghai Road Traffic Management Regulations",which was formally implemented on March 25,2017.At the level of law enforcement,the city's public security police officers,whether traffic police or other police police are fully engaged in front-line traffic law enforcement activities,non-traffic police have also been given traffic enforcement authority,which also involves many non-law enforcement subjects involved in law enforcement work.I combined with their own work,collected the Xuhui police traffic police detachment in the past two years involved in driving license law enforcement behavior statistics.2016 year,Xuhui public security traffic police detachment issued a total of 2094 commissioned by the driver,the temporary driver's license issued 324,revoked driver's license 141.And 2017 so far,Xuhui Public Security Traffic Police detachment has been issued to detain the driver's license 1796,withheld driver's license 258,revoked driver's license 70.Overall,in addition to revoking the driver's license due to a slight decline in drunken driving cases and reduce the accident,detained driving license and temporary suspension of driver's license penalty is still in the growth.As a result of the temporary suspension,revoke the driver's license as the most severe means of traffic law enforcement,the author specifically analyzed the specific behavior against the punishment.Suspension of driving license,driving after driving motor vehicles,temporary driver's license issued 6 months 189;driving car engaged in illegal passenger transport activities,temporary driver's license 3months 67;driving cars engaged in illegal passenger transport activities,and again and above Was seized by the transport sector,the temporary driver 's license issued 6months 2 months.One of the vehicles on the road where the driving license has been disqualified;and 2 in violation of the provisions of the road traffic safety laws and regulations,and 2 major accidents;drunk driving motor vehicle 63;drunken driving operation machine Motor car 1;drunk driving motor vehicle was punished,drinking again after driving three motor vehicles.In such a legislative and law enforcement environment,I feel that the judicialguidance of administrative law enforcement functions have been weakened the trend.In practice,the number of administrative litigation administrative litigation cases has risen sharply,and the new controversial legal problems have been emerging.Especially for the management and enforcement of civil driving licenses,restrictions on civil rights,derogation and deprivation are particularly serious.Thus,in the process of administrative law enforcement administrative reconsideration and litigation,exposed a large number of driver's license enforcement in the identification of facts,applicable law,law enforcement procedures.Which involves the legal theory of some basic concepts of the definition and clarification,but also considerable research value.For example,the legal nature of the driver's license how to judge,in practice,what controversy and conflict.And then clarify the detention,withholding,revocation,cancellation of the driver's license and other different administrative acts of different legal nature,to guide the practice of administrative law enforcement.In the formation of a mature legal definition and framework,can be applied to many administrative institutions in recent years the use of innovative means of law enforcement practice to provide advice,but also to correct inappropriate and illegal means of law enforcement.Driver's license has the driving ability,driving qualifications,driving the intrinsic properties of the document.Civic driving ability,driving qualifications,driving the relationship between the issue of the issue,but also to explore detention,withholding,revocation,cancellation of driver's license and other law enforcement behavior really point to what the subject,and what legal basis for the basis of the law.Driving ability certification is mainly through the "motor vehicle driver's license to apply for and use of" provisions of the examination to confirm.Control the driving ability of motor vehicles to "subject two" venue driving skills test subjects and "subjects three" road driving skills test subjects.And "subject one" road traffic safety laws,regulations and related knowledge examination subjects as a broad range of driving ability,that is,learn the way of social order to drive,not subject to the relevant penalties.The certification of driving qualifications requires the application of laws and regulations,appointment,examination procedures,need to meet the age conditions,physical conditions do not have a driver's license can not obtain the case,but also through a series of examinations,so to obtain driving qualifications.And the driver's license in the driver to obtain driving qualifications to follow a certain formalities,the executive will be issued to the driver's license.The current trafficlaw enforcement behavior is the sub-category of these drivers to point to the intrinsic properties.Detaining the driver's license as an administrative coercive measure is very clear,its effectiveness and in the driver's own documents,not because of Shanghai local laws and regulations for the first detained name,you can change the legal nature.As the administrative coercive measures should obey the requirements of administrative enforcement law,although the existing administrative enforcement law provisions are irrational,and road traffic safety law also has some contradictions and conflicts,to the practice of law enforcement has brought difficulties.But with the law to modify and improve the implementation of compulsory measures and procedures will tend to be unified and perfect.Withdrawal of driver 's license as administrative penalty,both as different measures of punishment,in the road traffic safety law on the scope of the application of inconsistencies.From the perspective of the ladder of punishment,the suspension of the driver's license should also be the same stage of play.Shanghai local laws and regulations set a new suspension of driver 's license applicable scope seems to be wrong,resulting in driver' s license system inconsistent.Severe suspension of driver's license penalty is too broad,and its effectiveness is often not distinguish between driving ability and driving qualifications.Prohibition and lifelong prohibition regulations in the entire legal system which is not clear where the location,can not use effective procedures to regulate the prohibition of driving regulations.Suspension of driving and banning regulations,especially in the case of dangerous driving crime in the process of administrative and criminal connection problems.Cancellation of the driver's license behavior has become four different,both the administrative punishment of color,but also the revocation of administrative licensing color,as well as its registration,record the original appearance of the matter.The Ministry of Public Security Order No.139 in detail the existing cancellation of the driver's license,an important means of law enforcement,but the degree of expansion of its power,but did not give its effective procedures.So that the act of canceling the driver's license has become the most serious means of infringing on the rights of the driver's entity,and the driver has no relief.It is hoped that in the law,the departmental rules and regulations stipulate that the matters that it should prescribe are left to the real legislature to do what is not within the scope of its legislative power.At the same time,for the administrative power of unlimited expansion of desire,tohave judicial power to give effective control and checks and balances.Finally,the author gives some advice on the current enforcement of driver's license.Mainly the current "road traffic safety law","motor vehicle driver's license to apply and use the provisions" established in the exclusion of driving conditions,the driving ability plus legal basis for the assessment of the basis of knowledge to obtain the driving permit model.Once the driver passed the "motor vehicle driver's license to apply and use the provisions" in the examination and examination of three subjects,in fact,that the driver has the driving ability.After that,any administrative action for the driver's violation of the evaluation and handling of the offense can cancel their driving qualifications,but it should be clear whether the driving ability problems or legal and regulatory understanding of the error,so as not to cancel their driving qualifications at the same time negate driving People driving ability.Can not let the subjects test two and test three to punish the driver's means,but the real correct evaluation of the driver's illegal,so that drivers effectively improve,and thus maintain the normal driving order and public transport order.