Research On The Deviation Of Discretion Behavior Of Public Security Traffic Administrative Law Enforcement ——Taking S City As An Example

For the purpose of guaranteeing the safety and smoothness of traffic,the law of the People’s Republic of China confers discretionary power to road traffic law enforcement officers to facilitate the timely and legitimate handling of numerous complex traffic accidents.Since the promulgation of the police affairs reform,grassroots civil police forces are also required to partake in traffic law enforcement,requiring them to make the shift from “specialist doctors” to “general practitioners”.Their expertise in law enforcement,mixed skillsets and other objective factors may affect the rational and impartial use of discretionary power,and even subject them to behavioral biases to a certain extent.Without the proper regulation,the above factors may just negatively affect not only the legitimate rights of all parties of interest,but also the authoritativeness and general image of public security organs.It is hence a matter of urgency and necessity to uphold the legitimate rights of administrative counterparts,work out a win-win situation and achieve the goals of traffic law enforcement through just and fair discretion.Moreover,it is also imperative for the law enforcement officers to promptly reduce behavioral biases while exercising their discretionary power so as to better manage traffic,ensure order therein as well as enhance social harmony and development.In light of the above background,this paper used authoritative Chinese and foreign theories of discretionary power and took the status quo of traffic law enforcement in S City as the research object.To begin with,the actuality of behavioral biases in the use of discretionary power,as well as its potential hazards and underlying causes,were explored in relation to the Road Public Safety Law of People’s Republic of China via various means,including questionnaires,in-depth interviews,and reviewing actual cases.The exploration show that the causes for behavioral biases in using discretionary power can be classified into the following four aspects.First,internal assessment mechanism constraints the use of discretion;second,law-enforcers have varying levels of expertise and psychological virtue;third,not only do people subjected to law enforcement have sub-par cognition on the rule of law,but manifestations of their trigger response also obstruct the use of discretion;fourth,there are still much room for improvement for the internal and external supervision mechanisms.Based on the above findings,in order for public security personnel to avoid or mi tigate the occurrences of behavioral biases in the use of discretion for traffic administr ative law enforcement.It is suggested that the principles of applicability,necessity and balance are upheld under the premise of relevant laws and regulations,diversified str ategies are adopted from the dimensions of law enforcement authorities,law enforcem ent individuals,administrative counterparts and law-enforcing environment.To be mo re specific,law enforcement authorities are expected to satisfactorily carry out top-lev el designs of guidance and review systems;law enforcement officers are required to u pdate their notions and improve on the use of discretionary power through training.Fu rthermore,administrative counterparts must also enhance their legal cognition and pro tect their own legitimate rights and interests;while,multiple schemes should be emp loyed to ensure that the use of discretion is not arbitrary.To sum up,the research atte mpts to regulate behavioral biases in the exercise of discretionary power from all aspe cts,avoid or reduce the occurrence of such cases and ensure that the discretionary po wer conferred can be utilized in a reasonable,accurate and impartial manner.