Talking about Several Problems of Traffic Police Standardizing Law Enforcement
Judging from the special rectification activities of “regulating law enforcement behavior and promoting law enforcement justice”, there are still many problems and weak links in the law enforcement activities of the public security traffic police department. I would like to draw attention to the main problems existing in the current traffic police enforcement and how to strictly regulate law enforcement behaviors and raise the level of law enforcement.
First, the main problems in the current traffic police enforcement
The traffic police department is an enforcement unit with administrative law enforcement and partial criminal jurisdiction. The most extensive law enforcement activities of traffic police are in the scope of administrative law enforcement. According to the survey, the current traffic police enforcement has a tendency of “three heavy three light” as a whole. Namely: heavy administrative power, light citizenship; heavy power implementation, light power restriction; heavy entity law, light program method. Specifically in the above aspects:
1. Simply pursuing economic interests, in the handling of some accident cases, the punishment is replaced by punishment, which reduces the seriousness of the law.
2, a small number of civilian police in the case of doing whatever they want, and even run a love case.
3. The phenomenon of heavy physical and light programs still exists. The first is the violation of power. For example, the Ministry of Public Security stipulates that traffic police shall not be penalized for more than 200 yuan on the spot. If it exceeds, the public security traffic management department at or above the county level shall make a decision on punishment within 24 hours. However, the actual implementation did not strictly follow the approval procedures. Second, the punishment is unfair, the discretionary power is exercised at will, and even the handling of heavy plots is light, while the light of the plot is rather an important phenomenon. The third is to temporarily detain the vehicle number plate and license, and not issue a legal temporary deduction certificate. The accident deposit management is chaotic.
4. The accident file is not standardized and the materials are incomplete.
There are many reasons for the above problems. In addition to objective factors, a small number of traffic police department leaders have insufficient understanding of the importance of strict regulation of law enforcement behavior, internal law enforcement mechanisms are not perfect, and law enforcement supervision and inspection is not effective, which is also an important reason.
Second, further raise awareness and take standardized law enforcement as a strategic measure to strengthen traffic management and traffic police team construction.
The 16th National Congress of the Communist Party of China established the strategy of "governing the country with a rule of law and building a socialist legal system." The traffic police is a police force of the public security organs and an important law enforcement agency of the state. Further perfecting the law enforcement mechanism and standardizing the law enforcement behavior is the need to implement the strategy of the rule of law; it is also the need to improve the image of law enforcement of police traffic police, promote the building of a clean government, and close the relationship between the police and the people. Therefore, the traffic police department should understand the extreme importance of perfecting the law enforcement mechanism and standardizing law enforcement from a strategic perspective, and put it on the important agenda to better fulfill the heavy tasks entrusted by the times.
To improve the law enforcement mechanism is to establish a strict legal education and training system, a comprehensive law enforcement norms, a sound law enforcement responsibility system and law enforcement supervision methods at the city and county traffic police departments. It is a systems engineering. Among them, legal education and training is the foundation. Law enforcement norms and law enforcement supervision are guarantees. Establishing law enforcement responsibility is the key. The organic combination of the three can guarantee and promote the normal conduct of traffic police law enforcement activities.
The so-called standard law enforcement, it has three specific requirements: First, legalization. That is, law enforcement must have a legal basis; second, it is stylized. That is to say, the operation of various law enforcement links is carried out under the pre-order state; the third is civilized, that is, civilized law enforcement. To achieve these three points, we must strengthen power constraints, strengthen internal and external supervision, ensure that law enforcement responsibilities are in place, and reward and punishment measures are fair and serious.
To standardize law enforcement behaviors, we must raise awareness from the following two aspects: First, the function of traffic management is mainly achieved through law enforcement activities; law enforcement behavior is not standardized, law enforcement mechanisms are not perfect, and traffic management work cannot keep pace with the times. Now some policemen regard the legal work and business work as "two skins". They believe that if the law enforcement is too much, it will bind the hands and feet and affect the work efficiency. In fact, the law enforcement is to strengthen traffic management. Second, standardizing law enforcement is a new situation that adapts to the building of socialist democracy and the legal system. We must safeguard the legitimate rights and interests of the majority of traffic participants by standardizing law enforcement, civilized law enforcement, and realizing the people's police to serve the people. If law enforcement is not standardized and law enforcement is weak, it will not be possible to protect the people; law enforcement is not strict and law enforcement is unfair, which is a violation of the legitimate rights and interests of citizens.
Third, establish a standardized mechanism, optimize the law enforcement program, and promote the standardization of law enforcement activities
1. Strengthen legal education and improve the legal standards and law enforcement standards of civilian police. We must vigorously carry out legal education and training, and carry out learning activities in various forms. For newly recruited and adjusted police officers to post new positions, they must conduct post legal business training, first learn the law, and then enforce the law. Regularly conduct legal knowledge examinations and assessments for leaders of all levels of traffic police departments and civilian police, and use them as a necessary condition for promotion, reward and punishment.
2. Establish a system of regulations, standardize law enforcement behavior, and optimize the law enforcement environment. With the promulgation and implementation of the "Administrative Punishment Law" and the new "Criminal Law", "Criminal Law" and other laws, it is extremely urgent to establish a system of regulations and strictly regulate law enforcement. First, we must strictly regulate the approval procedures and registration and custody system for temporarily detaining cars, licenses, licenses, and property; second, we must standardize the behavior of law enforcement entities. Traffic police enforcement must show law enforcement certificates according to law, and traffic police coordinators and other temporary employees are strictly prohibited from exercising traffic police administration. The right to law enforcement; the third is to strictly handle the formalities for examination and approval of cases, and it is strictly forbidden to punish without approval; fourth, we must use standardized and unified legal documents; fifth, we must fulfill the newly added law enforcement procedures of the Administrative Punishment Law in accordance with the law, and we must make informed notices and listen to them according to law. The parties shall make statements and defenses, and organize hearings in accordance with the law in accordance with the conditions of the hearing.
3. Fully implement the law enforcement responsibility system. According to the job responsibilities and permission of each business department, clarify their respective law enforcement scope and law enforcement responsibilities, and decompose the law enforcement responsibilities and quantitative indicators, implement them on the job, go to the people, strictly evaluate and honor the rewards and punishments, and form everyone responsible. Law enforcement atmosphere.
4. Establish a strict internal law enforcement supervision mechanism. It is necessary to improve the internal law enforcement supervision system such as law enforcement inspection, case review and customs clearance, handle administrative reconsideration, litigation and compensation cases conscientiously and responsibly, and promptly discover and correct errors in law enforcement. It is necessary to implement the accountability system for wrong cases, and to handle the wrong case for intentional or gross negligence, it must be seriously dealt with according to law and pursue economic responsibility. Law enforcement inspections should be regularized and institutionalized.
5. Practically strengthen the construction of the legal system of the traffic police system. Under the new situation of implementing the rule of law, the public security traffic police department urgently needs a sound institution and a part of high-level professionals to do a good job in legal services and internal law enforcement supervision. Judging from the current situation in our city, most of the traffic police brigades have not established legal institutions, and the legal system is also ineffective. Leaders at all levels should attach importance to supporting and caring for the construction of the legal system and help them solve the difficulties and problems in their work. Civilian police who are engaged in legal work must also enhance their sense of responsibility, be dedicated and diligent, study diligently, enrich and update their knowledge, and strive to become an expert in the laws and regulations of the public security traffic police system and make their own contributions to improving traffic management standards.
First, the main problems in the current traffic police enforcement
The traffic police department is an enforcement unit with administrative law enforcement and partial criminal jurisdiction. The most extensive law enforcement activities of traffic police are in the scope of administrative law enforcement. According to the survey, the current traffic police enforcement has a tendency of “three heavy three light” as a whole. Namely: heavy administrative power, light citizenship; heavy power implementation, light power restriction; heavy entity law, light program method. Specifically in the above aspects:
1. Simply pursuing economic interests, in the handling of some accident cases, the punishment is replaced by punishment, which reduces the seriousness of the law.
2, a small number of civilian police in the case of doing whatever they want, and even run a love case.
3. The phenomenon of heavy physical and light programs still exists. The first is the violation of power. For example, the Ministry of Public Security stipulates that traffic police shall not be penalized for more than 200 yuan on the spot. If it exceeds, the public security traffic management department at or above the county level shall make a decision on punishment within 24 hours. However, the actual implementation did not strictly follow the approval procedures. Second, the punishment is unfair, the discretionary power is exercised at will, and even the handling of heavy plots is light, while the light of the plot is rather an important phenomenon. The third is to temporarily detain the vehicle number plate and license, and not issue a legal temporary deduction certificate. The accident deposit management is chaotic.
4. The accident file is not standardized and the materials are incomplete.
There are many reasons for the above problems. In addition to objective factors, a small number of traffic police department leaders have insufficient understanding of the importance of strict regulation of law enforcement behavior, internal law enforcement mechanisms are not perfect, and law enforcement supervision and inspection is not effective, which is also an important reason.
Second, further raise awareness and take standardized law enforcement as a strategic measure to strengthen traffic management and traffic police team construction.
The 16th National Congress of the Communist Party of China established the strategy of "governing the country with a rule of law and building a socialist legal system." The traffic police is a police force of the public security organs and an important law enforcement agency of the state. Further perfecting the law enforcement mechanism and standardizing the law enforcement behavior is the need to implement the strategy of the rule of law; it is also the need to improve the image of law enforcement of police traffic police, promote the building of a clean government, and close the relationship between the police and the people. Therefore, the traffic police department should understand the extreme importance of perfecting the law enforcement mechanism and standardizing law enforcement from a strategic perspective, and put it on the important agenda to better fulfill the heavy tasks entrusted by the times.
To improve the law enforcement mechanism is to establish a strict legal education and training system, a comprehensive law enforcement norms, a sound law enforcement responsibility system and law enforcement supervision methods at the city and county traffic police departments. It is a systems engineering. Among them, legal education and training is the foundation. Law enforcement norms and law enforcement supervision are guarantees. Establishing law enforcement responsibility is the key. The organic combination of the three can guarantee and promote the normal conduct of traffic police law enforcement activities.
The so-called standard law enforcement, it has three specific requirements: First, legalization. That is, law enforcement must have a legal basis; second, it is stylized. That is to say, the operation of various law enforcement links is carried out under the pre-order state; the third is civilized, that is, civilized law enforcement. To achieve these three points, we must strengthen power constraints, strengthen internal and external supervision, ensure that law enforcement responsibilities are in place, and reward and punishment measures are fair and serious.
To standardize law enforcement behaviors, we must raise awareness from the following two aspects: First, the function of traffic management is mainly achieved through law enforcement activities; law enforcement behavior is not standardized, law enforcement mechanisms are not perfect, and traffic management work cannot keep pace with the times. Now some policemen regard the legal work and business work as "two skins". They believe that if the law enforcement is too much, it will bind the hands and feet and affect the work efficiency. In fact, the law enforcement is to strengthen traffic management. Second, standardizing law enforcement is a new situation that adapts to the building of socialist democracy and the legal system. We must safeguard the legitimate rights and interests of the majority of traffic participants by standardizing law enforcement, civilized law enforcement, and realizing the people's police to serve the people. If law enforcement is not standardized and law enforcement is weak, it will not be possible to protect the people; law enforcement is not strict and law enforcement is unfair, which is a violation of the legitimate rights and interests of citizens.
Third, establish a standardized mechanism, optimize the law enforcement program, and promote the standardization of law enforcement activities
1. Strengthen legal education and improve the legal standards and law enforcement standards of civilian police. We must vigorously carry out legal education and training, and carry out learning activities in various forms. For newly recruited and adjusted police officers to post new positions, they must conduct post legal business training, first learn the law, and then enforce the law. Regularly conduct legal knowledge examinations and assessments for leaders of all levels of traffic police departments and civilian police, and use them as a necessary condition for promotion, reward and punishment.
2. Establish a system of regulations, standardize law enforcement behavior, and optimize the law enforcement environment. With the promulgation and implementation of the "Administrative Punishment Law" and the new "Criminal Law", "Criminal Law" and other laws, it is extremely urgent to establish a system of regulations and strictly regulate law enforcement. First, we must strictly regulate the approval procedures and registration and custody system for temporarily detaining cars, licenses, licenses, and property; second, we must standardize the behavior of law enforcement entities. Traffic police enforcement must show law enforcement certificates according to law, and traffic police coordinators and other temporary employees are strictly prohibited from exercising traffic police administration. The right to law enforcement; the third is to strictly handle the formalities for examination and approval of cases, and it is strictly forbidden to punish without approval; fourth, we must use standardized and unified legal documents; fifth, we must fulfill the newly added law enforcement procedures of the Administrative Punishment Law in accordance with the law, and we must make informed notices and listen to them according to law. The parties shall make statements and defenses, and organize hearings in accordance with the law in accordance with the conditions of the hearing.
3. Fully implement the law enforcement responsibility system. According to the job responsibilities and permission of each business department, clarify their respective law enforcement scope and law enforcement responsibilities, and decompose the law enforcement responsibilities and quantitative indicators, implement them on the job, go to the people, strictly evaluate and honor the rewards and punishments, and form everyone responsible. Law enforcement atmosphere.
4. Establish a strict internal law enforcement supervision mechanism. It is necessary to improve the internal law enforcement supervision system such as law enforcement inspection, case review and customs clearance, handle administrative reconsideration, litigation and compensation cases conscientiously and responsibly, and promptly discover and correct errors in law enforcement. It is necessary to implement the accountability system for wrong cases, and to handle the wrong case for intentional or gross negligence, it must be seriously dealt with according to law and pursue economic responsibility. Law enforcement inspections should be regularized and institutionalized.
5. Practically strengthen the construction of the legal system of the traffic police system. Under the new situation of implementing the rule of law, the public security traffic police department urgently needs a sound institution and a part of high-level professionals to do a good job in legal services and internal law enforcement supervision. Judging from the current situation in our city, most of the traffic police brigades have not established legal institutions, and the legal system is also ineffective. Leaders at all levels should attach importance to supporting and caring for the construction of the legal system and help them solve the difficulties and problems in their work. Civilian police who are engaged in legal work must also enhance their sense of responsibility, be dedicated and diligent, study diligently, enrich and update their knowledge, and strive to become an expert in the laws and regulations of the public security traffic police system and make their own contributions to improving traffic management standards.
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