我国交通执法中自由裁量权的研究
Research on Discretionary Power in Transportation Law Enforcement in China

本文主要聚焦于交通执法自由裁量权的规制问题。随着交通事故频发，交通执法活动不断增加，自由裁量权在交通执法中的应用范围也日益扩大。然而，由于其高度的灵活性及易受外界因素干扰的特性，加之我国赋予的较大自由裁量空间，若缺乏有效地规制与管理，易引发多种问题。目前，我国交通执法自由裁量权在执法程序、监督机制及执法人员素质等方面存在明显不足，导致滥用情况频发。为解决上述问题，本文首先深入分析了两大法系国家规制交通执法自由裁量权的典型举措，并从中吸取了对我国的启示。随后，对我国交通执法自由裁量权存在的问题及其根源进行了全面剖析。基于此，本文提出了以下解决策略：一是完善立法，细化自由裁量标准；二是严格规范交通执法自由裁量权的行使程序；三是强化监督程序，实现内外监督的有效结合；四是提升执法队伍的执法素质。通过这些措施，旨在有效解决我国交通执法中自由裁量权存在的问题，促进交通执法的公正、公平与高效。
The article primarily focuses on the regulatory issues surrounding the discretionary power of traffic law enforcement. With the frequent occurrence of traffic accidents and the continuous increase in traffic law enforcement activities, the scope of discretionary power in traffic law enforcement is also expanding. However, due to its high flexibility and susceptibility to external interference, coupled with the considerable discretionary space granted in our country, the lack of effective regulation and management can easily lead to various problems. Currently, there are significant deficiencies in the discretionary power of traffic law enforcement in terms of enforcement procedures, supervision mechanisms, and the quality of law enforcement personnel, resulting in frequent abuses. To address these issues, this article first conducts an in-depth analysis of the typical measures taken by two major legal systems to regulate the discretionary power of traffic law enforcement, drawing insights for our country. Subsequently, it provides a comprehensive analysis of the problems and root causes of discretionary power in traffic law enforcement in our country. Based on this, the article proposes the following solutions: first, improve legislation and refine discretionary standards; second, strictly regulate the procedures for exercising discretionary power in traffic law enforcement; third, strengthen supervision procedures to achieve an effective combination of internal and external oversight; fourth, enhance the law enforcement quality of the enforcement team. Through these measures, the aim is to effectively address the issues related to discretionary power in traffic law enforcement in our country, promoting justice, fairness, and efficiency in traffic law enforcement.