Research On Administrative Penalties Caused By Overdue Handling Of Traffic Violation

In practice,many traffic offenders have not been dealt with within the prescribed time limit after being investigated,which leads the traffic police into the dilemma of "being able to investigate and being difficult to handle".A large number of overdue cases have accumulated,and it is difficult for traffic violations to be corrected and punished in time,leading to the existence of hidden safety risks,which has become a "stubborn disease" of current traffic law enforcement.In order to deal with it,in the early stage,various places mainly dealt with it through "special governance" or by combining case handling with annual vehicle inspection.Due to little effect and quite a lot of controversy,it was gradually eliminated.Since then,the local government has found a new alternative and started the practice pilot,and the birth of the relevant system.According to these rules and regulations,traffic law enforcement departments can directly decide on administrative punishment through legal procedures after meeting certain conditions for those who have not been dealt with within the time limit,and the stock of accumulated traffic illegal cases has decreased significantly.With the apparent effect of local practice,the national level has followed up the system and made corresponding provisions in the department regulations,preliminarily constructing the system of punishing this kind of traffic violations.However,the current system is not perfect,and there are many irregularities in practice,and the academic circle lacks of special systematic research on it.In order to standardize the punishment of traffic violations according to law and effectively solve the problem of accumulated traffic violations,this paper combined with the current practice status,excavate and analyze the problems existing in the existing system,and make targeted responses with specific revision suggestions.This paper is divided into five parts.Introduction: According to the research results on traffic police law enforcement in recent years,it is found that although the academic circles have paid attention to the phenomenon of overdue traffic violations,they have failed to conduct in-depth research on the administrative penalties caused by this problem,so as to clarify the significance of special research on it.Part One: Theoretical analysis of traffic violation overdue.Combined with relevant legal norms and practical data,this paper makes an in-depth interpretation of the related concepts of overdue traffic violations,and clarifies the necessity of punishing traffic violations in this case,as well as the difficulties of administrative penalties,which lays the foundation for subsequent research.Part Two: the exploration of the administrative punishment system of traffic violation overdue.This paper analyzes the response mode and related system of overdue traffic violation by stages,deduces the internal logic of system replacement,and makes clear the effective thinking of solving this problem at present.Part Three: the predicament of administrative punishment system for traffic violation overdue.On the basis of the second part of the research,based on the traffic violation overdue punishment status quo,dug out the current existing administrative penalty system dilemma,relevant systems is not perfect.Part Four: Perfecting the system of administrative punishment for traffic violation overdue.Systematically analyze and respond to the institutional issues raised above,and offer some suggestions for revision on the relevant laws.In general,the administrative penalty problem caused by overdue traffic violation is just the reflection of the imperfect traffic violation penalty system.So,research should be gone based on the existing system and norms.Meanwhile,combined with specific law enforcement practices,deficiencies and defects at the system level should be found according to the problems in practice operation,and specific revision suggestions should be put forward for improvement,so as to ensure that the norms can effectively punish traffic violations that have not been dealt with within the time limit.So,our country can get further development.