行人闯红灯行政处罚研究
发布时间：2018-10-25 12:58
【摘要】：行人闯红灯现象在我国的许多城市中都十分普遍,成为现代城市治理的一个难题,对人们的生命健康和道路交通秩序都产生了很大的挑战。虽然不能排除的确有极少数不懂交通法规的行人会闯红灯,但是绝大部分行人都是在明知基本交通规则的状况下闯红灯的,这实际上表明,现行法律对于行人闯红灯的规定以及处罚措施的功能已经基本失灵,仅仅依靠现行法律规定来治理行人闯红灯现象已经难以达到理想的效果。因而现今许多城市为了治理这一现象纷纷出“奇招”,而这些“奇招”在达到一定治理效果的同时,更多的引来了人们对这些措施合法性和合理性的争议,从而导致这些措施难以长久实施。本文通过四个部分来对这一问题进行深入研究,本文第一部分绪论中论述了行人闯红灯问题研究的重要意义和法律定位,综述了关于该问题的国内外研究现状,并且介绍了本文的研究方法以及创新与不足之处。本文第二部分是关于行人闯红灯及其处罚的社会调研结果研究,笔者为了深入了解和研究行人闯红灯现象的相关问题,进行了实践调查,主要是填写调查问卷,即采取网上发布填写的方式,共发布500份,在此基础上,通过对调查结果的整理分析,总结归纳行人闯红灯的特征、原因、处罚的相关问题,为本文的后续研究进行奠定基础。本文第三部分是关于国内外典型城市对于行人闯红灯问题处罚的梳理与评析,将我国国内主要城市主要举措具体分为“法内罚”与“法外罚”两种,对每种模式的代表城市、具体措施、实施效果等进行具体列举和分析,最后从“合法性”、“合理性”、“有效性”三个角度对每种模式的行政执法进行分析评价。并将域外典型城市的处罚模式进行列举,为探寻合理的治理方式提供经验。本文第四部分是关于我国行人闯红灯处罚的行政法探析,对行人闯红灯处罚问题进行了深入综合的分析研究,具体分为深入反思、理性思考和未来愿景三个方面,深入反思是指通过分析现有处罚功能缺失的三个具体表现,探索现有处罚功能缺失的五个具体原因,来反思现有行政处罚的功能性缺失;理性思考是指通过探索闯红灯立法的规律来发掘改进现有行政执法的方式,即加大违法成本;未来愿景意指通过七个转变来完善现有闯红灯处罚体系,即丰富处罚种类:从单一到多样;强化处罚力度:从“弱”到“强”;细化处罚幅度:从概括到分级;改进交款方式:从现场到幕后;落实处罚规定:从“虚”到“实”;严格行政执法:从不管到严管;多种治理手段并用:从混乱到规范。
[Abstract]:The phenomenon of pedestrian running red light is very common in many cities of our country. It has become a difficult problem in modern urban governance and has brought great challenges to people's health and road traffic order. Although it cannot be ruled out that a very small number of pedestrians who do not know the traffic laws and regulations do run red lights, the vast majority of pedestrians run red lights with knowledge of the basic traffic rules, which in fact shows that, The regulation of pedestrian running red light and the function of punishment measures have basically failed in the current law. It is difficult to achieve the ideal effect only by relying on the existing laws and regulations to deal with the phenomenon of pedestrian running red light. As a result, in order to deal with this phenomenon, many cities have one after another "strange measures", and these "strange measures" in a certain degree of governance effect, at the same time, more people attracted the legitimacy and rationality of these measures controversy, As a result, these measures are difficult to implement for a long time. The first part of this paper discusses the significance and legal orientation of the study of pedestrian red light, and summarizes the domestic and foreign research status of the problem. It also introduces the research method, innovation and deficiency of this paper. The second part of this paper is about pedestrian red light and its punishment of social research results, in order to understand and study the pedestrian red light phenomenon related issues, carried out a practical investigation, mainly to fill out a questionnaire. On this basis, through the analysis of the investigation results, the characteristics, causes and punishment of pedestrian running red light are summed up, which lays a foundation for the follow-up study of this paper. The third part of this article is about the domestic and foreign typical cities to the pedestrian red light problem punishment combing and the appraisal, will our country main city main measure concretely divides "the law penalty" and "the law outside penalty" two kinds, to each kind of pattern representative city, The concrete measures, the implementation effect and so on are listed and analyzed in detail. Finally, the administrative law enforcement of each mode is analyzed and evaluated from the three angles of "legality", "rationality" and "effectiveness". It also enumerates the punishment modes of typical foreign cities to provide experience for exploring reasonable governance methods. The fourth part of this article is about the administrative law analysis of the punishment of pedestrian running red light in our country, and makes a deep and comprehensive analysis and research on the punishment of pedestrian passing red light, which is divided into three aspects: deep reflection, rational thinking and future vision. Deep reflection is to reflect on the functional deficiency of the existing administrative punishment by analyzing the three concrete manifestations of the lack of the existing punishment function and exploring the five specific reasons for the lack of the existing punishment function. Rational thinking is to explore the ways to improve the existing administrative law enforcement by exploring the laws of red light running legislation, that is, to increase the cost of violating the law; the vision for the future means to perfect the existing red light penalty system through seven changes. That is, rich types of punishment: from single to diverse; to strengthen punishment: from "weak" to "strong"; to refine the range of punishment: from generalization to classification; to improve the way of payment: from the scene to the behind-the-scenes; to implement the punishment provisions: from "empty" to "real"; Strict administrative law enforcement: never to strict control; a variety of means of governance and use: from chaos to norms.
【学位授予单位】：上海师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D631.5
[Abstract]:The phenomenon of pedestrian running red light is very common in many cities of our country. It has become a difficult problem in modern urban governance and has brought great challenges to people's health and road traffic order. Although it cannot be ruled out that a very small number of pedestrians who do not know the traffic laws and regulations do run red lights, the vast majority of pedestrians run red lights with knowledge of the basic traffic rules, which in fact shows that, The regulation of pedestrian running red light and the function of punishment measures have basically failed in the current law. It is difficult to achieve the ideal effect only by relying on the existing laws and regulations to deal with the phenomenon of pedestrian running red light. As a result, in order to deal with this phenomenon, many cities have one after another "strange measures", and these "strange measures" in a certain degree of governance effect, at the same time, more people attracted the legitimacy and rationality of these measures controversy, As a result, these measures are difficult to implement for a long time. The first part of this paper discusses the significance and legal orientation of the study of pedestrian red light, and summarizes the domestic and foreign research status of the problem. It also introduces the research method, innovation and deficiency of this paper. The second part of this paper is about pedestrian red light and its punishment of social research results, in order to understand and study the pedestrian red light phenomenon related issues, carried out a practical investigation, mainly to fill out a questionnaire. On this basis, through the analysis of the investigation results, the characteristics, causes and punishment of pedestrian running red light are summed up, which lays a foundation for the follow-up study of this paper. The third part of this article is about the domestic and foreign typical cities to the pedestrian red light problem punishment combing and the appraisal, will our country main city main measure concretely divides "the law penalty" and "the law outside penalty" two kinds, to each kind of pattern representative city, The concrete measures, the implementation effect and so on are listed and analyzed in detail. Finally, the administrative law enforcement of each mode is analyzed and evaluated from the three angles of "legality", "rationality" and "effectiveness". It also enumerates the punishment modes of typical foreign cities to provide experience for exploring reasonable governance methods. The fourth part of this article is about the administrative law analysis of the punishment of pedestrian running red light in our country, and makes a deep and comprehensive analysis and research on the punishment of pedestrian passing red light, which is divided into three aspects: deep reflection, rational thinking and future vision. Deep reflection is to reflect on the functional deficiency of the existing administrative punishment by analyzing the three concrete manifestations of the lack of the existing punishment function and exploring the five specific reasons for the lack of the existing punishment function. Rational thinking is to explore the ways to improve the existing administrative law enforcement by exploring the laws of red light running legislation, that is, to increase the cost of violating the law; the vision for the future means to perfect the existing red light penalty system through seven changes. That is, rich types of punishment: from single to diverse; to strengthen punishment: from "weak" to "strong"; to refine the range of punishment: from generalization to classification; to improve the way of payment: from the scene to the behind-the-scenes; to implement the punishment provisions: from "empty" to "real"; Strict administrative law enforcement: never to strict control; a variety of means of governance and use: from chaos to norms.
【学位授予单位】：上海师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D631.5
【参考文献】
相关期刊论文 前5条
1 王晓蕾;;中国式过马路与法治社会建设[J];湖北函授大学学报;2015年13期
2 吴建国;;处罚违章行人的可行性及其对策[J];北京理工大学学报(社会科学版);2015年01期
3 熊进光;方娜;;机动车损害赔偿归责原则之变动——基于“中国式过马路”行为展开[J];行政与法;2014年07期
4 王利明;;法律不理琐事吗?[J];法制资讯;2014年03期
5 许可;刘沛;;徐州市行人闯红灯问题研究[J];中外企业家;2013年33期
相关重要报纸文章 前8条
1 卞军凯;;行人闯红灯，进了“黑名单”[N];福建日报;2015年
2 张s，
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