Implementation plan for standardizing the discretionary power of administrative punishment

In order to further standardize the traffic administrative punishment behavior, improve the traffic administrative law enforcement level, effectively protect the legitimate rights and interests of citizens, legal persons and other organizations, and effectively control and reduce the randomness of traffic administrative punishment, according to the "Regulations of Jiangxi Province" issued by the provincial government office The implementation and requirements of the Discretionary Work Implementation Plan, combined with the actual traffic conditions of our province, develop this implementation plan.

First, the guiding ideology

Guided by Deng Xiaoping Theory and the important thinking of the "Three Represents", we will thoroughly implement the scientific development concept, prevent the abuse of traffic administrative punishment rights from the source by scientifically standardizing the discretionary power of traffic administrative punishment, and promote the strict and fair traffic administrative law enforcement agencies. Civilized law enforcement, creating a good legal environment for the province's transportation development.

Second, the working principle

The principle of legality. The discretionary power to regulate traffic administrative punishment shall be based on traffic laws, regulations and rules, and shall be in accordance with the original legislative intent. The types of administrative penalties shall not be set in violation of laws, regulations and rules; the division of administrative penalties shall not exceed the statutory margin.

The principle of rationality. Establishing and improving the discretionary standards for traffic administrative punishment and exercising the discretionary power of traffic administrative punishment should be based on facts and be equivalent to the nature, plot and social harm of illegal acts.

The principle of fairness and justice. Traffic administrative punishments should be treated in the same way, to prevent and avoid the same treatment in different situations, or to treat the same situation and treat them at will.

The principle of combining education with punishment. In the process of traffic administrative punishment, it is necessary to adhere to the combination of punishment and education, continuously enhance the concept of management relative to the legal system, guide citizens to consciously abide by the law, and maintain legal dignity, so as to achieve the organic unity of legal and social effects.

Third, the main task

Sort out administrative punishment items. Comprehensively sort out the discretionary items of administrative punishments involved in traffic laws, regulations and rules, and register them one by one according to the illegal acts, types and ranges of administrative punishments, so as to avoid missing a traffic administrative penalty discretionary project, each traffic The administrative penalty discretionary project must have a legal basis.

Refine the administrative punishment standards. On the basis of combing the discretionary items of traffic administrative punishment, the types and extents of administrative punishments shall be formulated according to the following requirements, and the scientific and specific discretionary standards for administrative punishment and applicable rules shall be formulated as the basis for exercising the discretionary power of administrative punishment.

1. If the traffic laws, regulations, and rules stipulate that the types of administrative penalties can be selected, the specific conditions for different types of administrative penalties should be clearly defined.

2. Traffic laws, regulations, and rules and regulations may choose the scope of administrative punishment. It shall be divided into clear and specific levels according to the circumstances of the subject matter involved, faults, illegal means, and degree of social harm.

3. If the perpetrator has one of the following circumstances, it shall be stipulated that no administrative punishment shall be imposed: citizens under the age of 14 may commit illegal acts; mental patients may violate the law when they are unable to identify or control their actions; the illegal acts are minor and timely. Correction, no harmful consequences; laws, regulations, rules and regulations stipulate no administrative punishment.

4. If the perpetrator has one of the following circumstances, it shall stipulate that the administrative punishment shall be lightened or mitigated: actively eliminate or mitigate the harmful consequences of the illegal act; be coerced, deceived, or abetted by others to commit the illegal act; cooperate with the administrative organ to investigate the illegal act Those who have completed their work; those who have reached the age of 14 and under the age of 18 have committed illegal acts: laws, regulations, and rules that stipulate that other circumstances should be lightened or mitigated.

5. If the perpetrator has one of the following circumstances, he shall be given a heavier punishment: endangering national security, public safety, ecological environmental protection, and illegal acts directly related to personal health, life and property safety; serious violations of the law, causing serious consequences; Listening to dissuasion and continuing to carry out illegal acts; playing a major role in the joint implementation of illegal acts; repeatedly implementing illegal acts, repeatedly failing to change; obstructing law enforcement officers from investigating their illegal acts; concealing or destroying illegal evidence; coercing or decoying others or To abet minors to commit illegal acts: to retaliate against prosecutors and witnesses; to commit illegal acts in the event of a public outcry; laws, regulations, and rules stipulate that they should be severely punished.

Establish and improve relevant systems.

1. Establish and improve the system of reasons for administrative punishment. When exercising the discretionary power of administrative punishment, administrative law enforcement personnel shall fully listen to the statements and defenses of the parties, and whether the opinions of the parties' arguments and the reasons for punishment shall be explained in the punishment decision.

2. Establish and improve the legality review system for administrative discretion. For administrative penalties involving the discretionary power of administrative punishment, in addition to the punishment on the spot, the investigators of the case shall propose administrative penalties and submit the legal work of the unit to the legality review.

3. Establish and improve the accountability system for abusing the discretionary power of administrative punishment. It is necessary to standardize the work of discretion for traffic administrative punishment, to include the law enforcement responsibility system and the evaluation content of the administrative work according to law, and to promote the strict, fair and civilized law enforcement of various law enforcement units.

Fourth, work steps

Mobilize deployment and clarify work tasks. Arrange the province's traffic administrative law enforcement departments to standardize the discretionary power of administrative punishment. All departments should convene a working meeting in a timely manner, and draw special personnel to form a drafting working group to complete the discretionary power of administrative punishment of the department.

Sort out administrative punishment items and refine the punishment standards. All departments of traffic law enforcement shall, according to the laws, regulations and rules enforced by the department, sort out the administrative punishment items one by one, combining the applicable subjects of the illegal acts, the illegal circumstances, the number and number of violations, the social harmfulness, etc. Within the scope and scope, formulate the refinement standards of the department and report to the Department of Regulations. The rules governing the discretion of traffic administrative punishment shall be formulated by the Regulations Department of the Office.

Focus on revision and submit the first draft. The drafting team of the business backbone departments of the law enforcement departments will be drawn up by the department to centrally work, review, revise and improve the detailed standards reported by all units, and discuss and revise the “Rules for the Discretion of Traffic Administrative Punishment Discretion”. The “Executive Standards for the Discretion of Traffic Administrative Punishment in Jiangxi Province” and the “Applicable Rules for the Discretion of Traffic Administrative Punishment in Jiangxi Province” were formed.

Solicit comments and compile them into a book. The drafting team of the office distributed two preliminary drafts to the relevant units and experts for comments. According to the opinions sought, it will be further revised and printed into a book. After the meeting of the Leading Group for the Discretion of Traffic Administrative Punishment, the Office will submit it to the Office for discussion.

Announce the penalty standard. The “Executive Standards for the Discretion of Jiangxi Traffic Administrative Punishment” and the “Applicable Rules for the Discretion of Jiangxi Traffic Administrative Punishment”, which were discussed and approved by the Chamber of Commerce, will be announced to the public through the portal website, service window, news media, etc., and accept social supervision. Submit the record to the provincial government.

V. Organizational leadership

In order to strengthen leadership, after research, it was decided to set up a leading group for the work of the Jiangxi Provincial Communications Department to regulate the discretionary power of traffic administrative punishment.

Team leader: Deputy Director of Sun Maogang Provincial Communications Department

Member: Deputy Director of the Highway Bureau of Wang Shengyi

Liu Bokang Provincial Deputy Commissioner

Deputy Director of the Pfeiffer Roots Administration

Deputy Director of Yan Chunsheng Provincial Navigation Bureau

Wang Weijun, Deputy Director of the Provincial Transportation Management Bureau

Deputy Director of the Shipping Bureau of Hu Dagen Province

Director of the Jianjianping Quality Supervision Station

Director of Xie Yuan Yin Office

Director of the Supervision Office of Wang Mingyan Office

Director of the Regulation Department of Liang Ya Duan Hall

Director of the Infrastructure Department of Yuan Wangjing Hall

Director of the Financial Audit Division of Zhong Yan's Office

Director of the Department of Transportation and Security, Qin Xiaohui Hall

The leading group has an office, the office is located in the law department, and Liang Yaduan is the director of the office.

Six, work requirements

Raise awareness and clarify responsibilities. All administrative law enforcement departments of traffic should fully understand the importance of standardizing the discretionary power of traffic administrative punishment, and earnestly take the discretionary power of regulating traffic administrative punishment as an important task, and carefully study the brother provinces and cities and the pilot units of our province. Experience, good practice, strengthen organizational leadership, clarify work requirements, and ensure that the discretionary power of the administrative punishment of the department is carried out smoothly.

Promote democracy and ensure quality. In the process of refining the discretionary power of administrative punishment, the administrative law enforcement departments of the traffic must fully listen to the opinions of the municipal and county administrative law enforcement departments, fully listen to the opinions of frontline law enforcement personnel, fully listen to the opinions of relevant experts and management counterparts, and constantly improve the norms. Administrative punishment discretionary work.

Strengthen contacts and cooperate closely. All administrative law enforcement departments of traffic should strengthen their ties with the Department of Regulations and timely reflect the difficulties and problems in their work. The Regulations Office of the Office shall strengthen the supervision, inspection, coordination and guidance of the administrative law enforcement departments of the traffic to carry out the work of regulating the discretionary power of administrative punishment, and effectively implement the work of regulating the discretionary power of traffic administrative punishment in the province, and promote the administration of traffic in accordance with the law. Work has reached a new level.