| At present,with the rapid development of the transportation industry,while promoting rapid economic growth,over-limit and overloaded transportation behavior also poses a great potential safety hazard to the smooth flow of highways,"Wuxi Viaduct Collapse Accident","Shanghai Central Ring Truck The "rollover accident"and "the rear-end truck accident in Baoshan,Yunnan Province",etc.,have aroused people’s attention to the over-limit transportation of freight vehicles.Therefore,increasing the investigation and punishment of over-limit transportation vehicles has become a key and difficult issue at this stage.However,at present,national transportation authorities have different management methods,investigation and punishment,and punishment standards for over-limit transportation,which has led to a series of problems in the process of administrative enforcement of over-limit transportation.In the process of carrying out administrative penalties for over-limit transportation,administrative law enforcement personnel abuse the discretionary power of administrative penalties from time to time,and there are generally"management with fines",administrative discretion "abnormal or severe","colleague different penalties" phenomenon.Administrative discretion is a double-edged sword.Properly applied will help improve administrative efficiency and achieve individual justice,while improperly used will damage the image and credibility of the overrun transportation management department and infringe the legitimate rights and interests of administrative counterparts.In order to standardize the exercise of discretionary powers for administrative penalties for overrun transportation,improve the efficiencyof administrative law enforcement and achieve individual justice.Strengthening the legal and institutional constraints on the discretionary power of administrative penalties for over-limit transportation,and strengthening the internal regulation and external supervision of the discretionary power of administrative penalties are important guarantees for achieving reasonable regulation of the discretionary power of administrative penalties for over-limit transportation.This article makes an in-depth study of the problems existing in the Guizhou Provincial Highway Administration in the regulation of discretionary powers for overrun transportation management,analyzes the causes of the problems,and proposes regulatory measures for the discretionary powers of administrative actions in excess of transportation management.This article is divided into five parts: the introduction part,which mainly discusses the reasons,significance and research methods of the topic selection,the current status of domestic and international research and evaluation of administrative discretion.first part,an overview of administrative punishment discretion,defines the meaning of the concept of administrative discretion and its rationality control theory,clarifies the concept,content and characteristics of administrative punishment discretion for overrun transportation management,and analyzes the administrative punishment discretion for overrun transportation management Regulatory evolution and local experience models.The second part is the empirical analysis of the problems in the administrative penalty discretion of the Guizhou Provincial Highway Administration.Based on the case,it compares the illegal facts,the degree of overrun,the basis of the penalty,the result of the penalty,and whether it meets the criterion of discretion,etc.in different cases.Analyze the problems in the discretion of Guizhou Provincial Highway Administration.The third part is to consider the reasons for the problems in the administrative penalties for over-limit transportation of Guizhou Provincial Expressway Administration,and analyzes from the four aspects of law enforcement personnel’s legal literacy,procedure regulation,law enforcement environment and law enforcement culture,and supervision mechanism.The reason is to put forward targeted regulations on administrative penalties.In the fourth part,thecountermeasures to improve the regulation of administrative penalties for over-limit management in Guizhou Province are proposed.In order to standardize the exercise of discretionary powers for administrative penalties for over-limit transportation,the internal and external regulations for the administrative penalties for over-limit transportation should be strengthened.By perfecting the legal regulations on administrative penalties for over-limit transportation,strengthening the internal regulations on administrative penalties for over-limit transportation management,establishing and improving a supervisory system for administrative penalties for over-limit transportation,and implementing prior legal regulations on the administrative discretion process,as well as procedural regulations in the event,External supervision after the event.Adopt "multiple measures simultaneously" method to regulate the administrative penalties in many aspects and from various angles.The aim is to ensure the fairness of the results and the legitimacy of administrative sanctions,without reducing the flexibility of administrative sanctions,and to achieve reasonable control over administrative sanctions. |
