The content of the norms for the management of civilized law enforcement of road administration

Road administration law enforcement refers to the administrative acts taken by the competent traffic authorities and their authorized highway management agencies in accordance with the provisions of national laws, regulations and rules, in order to protect the legitimate rights and interests of highways, highway land, highway facilities maintenance, and highway management agencies, to highway users and other counterparts.

Road administration law enforcement is an organic part of traffic administrative law enforcement, is an important part of traffic administrative law enforcement, and is also an indispensable intermediate link in the management process of road administration industry. Any administrative activity has two processes: prior management and ex post facto remediation. In the former process, in accordance with the provisions of laws, regulations, and rules, administrative organs set up behavioral plans in advance, and took the initiative to interfere in social life and adjust social relations; In the latter process, since the counterpart is dissatisfied with the specific administrative act, the relevant state organ must review the specific administrative act and make a ruling to uphold or revoke the original decision, so as to resolve the administrative dispute.

In these two processes, administrative law enforcement plays a role in connecting the past and the future, it is an indispensable intermediate link in the previous process, grasping this link, for grasping the whole process of road administration industry management, to achieve the legalization of road administration management has important significance.

The traffic police road duty law enforcement work specifications have the following provisions:

1. The traffic police shall adhere to the legality, fairness, civility, openness and timeliness of road law enforcement, and the investigation and punishment of illegal acts shall adhere to the combination of education and punishment;

2. Traffic police shall abide by road traffic safety laws and regulations when enforcing the law on road duty;

3. When the traffic police are on duty on the road and law enforcement on the road to accept the public's request for help, they shall respect the parties, use civilized, polite and standardized language, and speak in a solemn and peaceful tone. where the parties do not understand, they shall patiently explain, and must not reprimand or ridicule the parties;

4. The traffic police on duty on the road shall standardize their behavior as if they are known for their behavior, so that they can behave in a dignified manner and be full of spirit;

5. Traffic police on road duty law enforcement shall wear standard clothing and people's police emblems in accordance with regulations;

6. Traffic police road duty law enforcement shall adopt a combination of fixed-point command and guidance and patrol control;

7. When traffic police road duty law enforcement shall discover illegal acts, they shall correct them in a timely manner;

8. In case of bad weather such as fog, rain and snow, natural disasters and accidents, as well as public security and criminal cases, the traffic police shall report to the superior in a timely manner, and the superior shall decide to implement traffic control measures restricting traffic according to the work plan.

In the final analysis, the purpose of performing duties according to law is to serve the people and society, and their activities in performing their duties are closely related to the vital interests of citizens and social organizations.

[Legal basis].

Article 85 of the Road Traffic Safety Law of the People's Republic of China The traffic management departments of public security organs and their traffic police shall consciously accept the supervision of the society and citizens in the performance of their duties.

All units and individuals have the right to report and accuse the traffic management departments of the public security organs and their traffic police for not strictly enforcing the law and violating laws and disciplines. Organs that receive reports or accusations shall promptly investigate and deal with them in accordance with their duties. Article 98 The traffic management department of the public security organs shall make public the handling system and procedures, establish a system of police conduct and discipline supervisors, and consciously accept the supervision of the society and the masses.

Reports, accusations, and complaints from citizens shall be promptly investigated, verified, and handled in accordance with their duties, and the informants, accusers, and complainants shall be informed of the results of the investigation. This ensures the effectiveness of citizen supervision.

Legal analysis: 1. When the traffic police are on duty to enforce the law on the road, they should be strict and neat, dignified, civilized in language, standardized in action, loyal to their duties, and strictly enforce the law; 2. When investigating and correcting traffic violations, they should first salute and use standardized language;

3. When investigating and dealing with traffic violations, we should enforce the law in a civilized manner and take the initiative to remind traffic offenders to abide by traffic laws;

4. When detaining the vehicle in accordance with the law, measures shall be taken to ensure the safety of the detained vehicle, remind the driver to properly keep valuables, and properly dispose of the perishable goods with the vehicle.

Legal basis: Traffic Safety Law of the People's Republic of China

Article 78 Qi Min The traffic management department of the public security organ shall strengthen the management of the police who are slow to pass through the traffic, and improve the quality of the traffic police and the level of road traffic management.

The traffic management department of the public security organ shall conduct training and assessment of the legal system and traffic safety management of the traffic police. Traffic police officers who fail to pass the assessment shall not be allowed to perform their duties.

Article 79 The traffic management departments of public security organs and their traffic police shall simplify the handling procedures in accordance with the statutory powers and procedures in the implementation of road traffic safety management, so as to be fair, strict, civilized and efficient.

Article 80: When performing their duties, traffic police shall dress in accordance with regulations, wear people's police symbols, hold people's police identification cards, maintain a strict appearance, behave in a dignified manner, and conduct in a standardized manner.

1.Check whether the law enforcement personnel's certificates are all valid and whether they are wearing uniform standard clothing for law enforcement. 2.

Check whether the law enforcement vehicles are equipped with police lights, sirens, horns and other devices, and whether they meet the statutory requirements. 3.Check whether the legal personnel of the law enforcement have carried out professional training, passed the assessment and held a certificate.

4.Check whether the law enforcement personnel carry out the law enforcement procedures in accordance with the regulations, and whether they are legal, fair, civilized, and polite. 5.

Check whether law enforcement officers pay attention to protecting the scene and taking safety measures to ensure traffic safety. 6.Check whether the law enforcement behavior is legal, compliant, reasonable, and whether it complies with laws, regulations, and rules.

7.Check whether the law enforcement records are complete, accurate, and true, and whether they comply with the prescribed format and requirements. 8.

Check whether the results of law enforcement are open, fair, and transparent, and whether they comply with legal procedures and regulations. 9.Check whether law enforcement agencies and law enforcement personnel are subject to supervision, accept complaints, and whether they are handled and responded to in a timely manner.

10.Check whether law enforcement agencies and law enforcement personnel abide by professional ethics and codes of conduct, and whether they are honest and serve the people.

Article 2 This Code shall apply to traffic police on the road to perform tasks such as maintaining traffic order, implementing traffic control, performing traffic guard duties, correcting and dealing with road traffic safety violations (concealment traces, hereinafter referred to as "illegal acts").

Article 3 Traffic police officers on duty shall adhere to legality, fairness, civility, openness, and timeliness in law enforcement, and shall persist in combining education and punishment in investigating and dealing with illegal acts.

Article 4 Traffic police officers on duty shall abide by road traffic safety laws and regulations. The imposition of administrative punishments or the adoption of administrative compulsory measures against illegal acts shall be carried out in accordance with the "Road Traffic Safety Law", "Regulations for the Implementation of the Road Traffic Safety Law", "Provisions on Procedures for Handling Road Traffic Safety Violations" and other laws, regulations, and rules.

Article 5 Traffic coordinators may undertake the following work under the guidance of the traffic police:

1) Maintain road traffic order and discourage illegal acts;

2) Maintain order at the scene of a traffic accident, protect the scene of the accident, and rescue the injured;

3) Carry out traffic safety publicity;

4) Timely report on the traffic, public security situation and other important situations on the road;

5) Accept requests for help from the public.

Traffic coordinators must not engage in other law enforcement acts, and must not make administrative punishment or administrative compulsory measures against the violators.