我国城市违章停车处罚问题研究

发布时间：2018-06-26 17:31

本文选题：违章停车 + 行政处罚　；参考：《辽宁大学》2017年硕士论文

【摘要】：随着我国经济的稳步发展和城市居民生活水平的不断提高,以及国家对汽车产业的大力扶持与对居民购车行为的政策支持,在可预见的范围,今后我国民用汽车拥有量将会继续以较大增福逐年增加。汽车数量在逐年攀升,但政府相应的停车资源配套建设并没有与之完全接洽,这就导致了近年来出现的越来越多的一个社会现象,即违章停车。本文从行政处罚的角度对执法者处理城市违章停车行为中出现的问题及原因进行了分析,主要包括处罚的合法性与合理性两个方面。其中针对违章停车处罚合法性问题,主要从处罚的主体、依据、程序及方式等方面分别分析;而对于处罚的合理性问题,则从比例原则、相关因素的考虑两方面进行分析,其中重点对交通警察在对违章停车行为进行处罚时的自由裁量问题做了进一步分析,如交警在处理违章停车行为时自由裁量权滥用的原因等。本文通过文献研究法、比较研究法以及案例分析法等方法对课题进行了研究,并最终对城市违章停车处罚裁量过程中出现的问题提出了几点个人看法:从合法性角度,第一,对于违章停车的处罚要有具体的执法主体范围,如除了法律法规确定的交通管理部门及其交通警察等外,辅警在处理违章停车行为时的职责权限等;第二,要有明确的处罚依据以及规范的执法程序,如在对违章停车机动车驾驶人适用简易处罚程序时,在行政处罚法和道路交通安全法之间,到底该适用前者还是后者关于简易处罚程序的相关规定。从合理性角度,要强化比例原则在违章停车处罚中的运用,在对机动车驾驶人进行违章停车处罚时,不仅要考虑处罚本身,还要考虑处罚的目的性、必要性及均衡性问题;同时,要防止交警在对违章停车行为进行处罚时自由裁量权的不适当运用甚至滥用,这就不仅要求交警自身要有正确的执法理念与良好的综合执法素质,同时也要求法律法规要对违章停车的自由裁量标准进行进一步的细化明确,另外,也要从公安交通管理部门的内部体制等方面保障自由裁量权的正确运用。
[Abstract]:With the steady development of our economy and the unceasing improvement of the living standards of urban residents, as well as the strong support of the state for the automobile industry and the policy support for the purchase of cars by the residents, it is within a foreseeable range. In the future, the number of civilian vehicles will continue to increase year by year. The number of cars is increasing year by year, but the corresponding construction of parking resources has not been completely connected with it, which has led to more and more social phenomenon in recent years, that is, parking in violation of regulations. From the angle of administrative punishment, this paper analyzes the problems and causes of law enforcement in dealing with parking violations in cities, including the legality and reasonableness of punishment. Aiming at the legality of parking penalty for illegal parking, it mainly analyzes the subject, basis, procedure and method of punishment, while the rationality of punishment is analyzed from two aspects: the principle of proportionality and the consideration of relevant factors. It focuses on the traffic police in the punishment of parking violations of the issue of discretion to do further analysis, such as traffic police in the handling of illegal parking behavior when the reasons for abuse of discretion, and so on. This article through the literature research method, the comparative research method and the case analysis method has carried on the research to the topic, and finally has put forward several personal views to the question which appears in the city illegal parking penalty discretion process: from the legality angle, first, The punishment for illegal parking should be subject to specific law enforcement, such as, in addition to the traffic management department and its traffic police as defined by laws and regulations, the duties and powers of auxiliary police when dealing with illegal parking behavior and so on; second, There should be a clear basis for punishment and standardized law enforcement procedures, such as the administrative penalty law and the road traffic safety law when the summary punishment procedure is applied to the driver of a parking vehicle in violation of regulations, In the end, the former or the latter on summary punishment procedures related provisions. From the point of view of rationality, we should strengthen the application of the principle of proportionality in the penalty of parking violation, and consider not only the punishment itself, but also the purpose, necessity and balance of the punishment. At the same time, in order to prevent the traffic police from using or even abusing their discretion when punishing the illegal parking, this not only requires the traffic police to have the correct law enforcement idea and good comprehensive law enforcement quality. At the same time, it also requires laws and regulations to further refine the discretion of illegal parking standards, in addition, from the internal system of public security traffic management departments to ensure the correct use of discretion.
【学位授予单位】：辽宁大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.14

【参考文献】