关键词：交通警察；行政自由裁量权；交通管理。 Abstract. The administrative law enforcement of traffic police is the most commonadministrative law enforcement phenomenon in the daily life of citizens. For trafficpolicemen, they have discretion in administration, which is an important category ofadministrative management, and is more and more strongly related to citizens' daily lifeand freedom of action. As it is known, the right of discretion in the process ofadministrative law enforcement is the most likely to be abused by the law enforcement.
At the same time, China's road traffic safety laws and regulations on the issue ofdiscretion, it can be said to give the public traffic management department themaximum discretion. If we do not strengthen management and control, it may make theright of discretion into a state of abuse.
At this stage, China's social development has entered a new normal stage. Theacceleration of urbanization process is obvious, and the demand for people's travel isincreasing. The traffic control law enforcement task is increasing. But in the specificlaw enforcement process, the management of road traffic safety laws and regulations arenot perfect, influenced by economic factors, law enforcement and supervision system isnot perfect, the traffic police's law enforcement level is not high, the traffic policeenforcement accountability mechanism to play effectiveness because of abuse problemsmakes our police administrative discretion in order to punish escrow, breach of privilege,injustice, consider the delay related factors, beyond the statutory time limit andpunishment unfounded phenomenon everywhere. If such a phenomenon is not incontrol for a long time, the legitimate rights and interests of the actors in the case willbe infringed, and then the corruption will escalate, which will lead to the loss of thecredibility of the administration.
In order to avoid such a situation, it is necessary to realize the supervision andmanagement of the discretion of the administrative law enforcement of the police. Firstof all, we should give full play to the role of legislation in giving the district legislativepower to the administrative discretion. We should quantify the punishment standard ofillegal activities, refine the procedures and methods of administrative law enforcement,and eliminate the phenomenon of surmounting and abuse of discretion. Secondly,strictly implementing the guarantee system of administrative funds is the key to solvethe problem. We must standardize the decoupling procedures of receipts and paymentsand implement the reserve fund system, so that the traffic management of publicsecurity organs can have solid fund resources. Furthermore, the establishment of publicsecurity traffic management departments to improve the self-discipline mechanism, thedrive of the traffic management department towards self management, self restriction,self supervision and direction, establish the system of law enforcement and evaluationstandards of scientific and reasonable administrative discretion and major cases ofcollective deliberation system, the traffic police enforcement process into the overallsupervision of the state. And based on the intelligent system perfect, the public securityorgans for internal supervision can the process of law enforcement supervision. At thesame time, give full play to the people's Court judicial regulation, judicial review bydimension, to achieve effective supervision of police administrative discretion cases ofeach node, depending on whether it is legal, or legislative goals, or the operation content,moreover is the law enforcement procedures, should be included in the. Finally, we putforward constructive suggestions and suggestions for this kind of problem: setting upthe correct values of traffic enforcement, strengthening business training and assessment,strengthening professional ethics, promoting convenience and benefiting people, andfurther improving the comprehensive quality of law enforcement for traffic policemen.
From the perspective of system and mechanism, management and control of powerusage behavior, the traffic police administrative discretion into the legal system, so thatthe road traffic safety towards the direction of development, thus creating the traffic lawenvironment will be more orderly, more secure, more smooth.