Administrative compulsory measures for road traffic safety management

The types of administrative compulsory measures for transportation mainly include:

1. Sealing up premises, facilities or property;

2. Seizure of vehicles, ships, equipment and other property;

3. Other administrative compulsory measures stipulated by laws and regulations.

The main ways of administrative enforcement of transportation include: lead masking.

1. Additional fines or late fees;

2. Auction or dispose of sealed or seized places, facilities or property in accordance with law;

3. Remove obstacles and restore the original state;

4. Perform on behalf of others;

5. Other enforcement methods prescribed by law.

Legal basisArticle 73 of the Road Traffic Safety Law of the People's Republic of China.

The traffic management department of the public security organ shall, according to the traffic accident scene inquest, inspection, investigation and the relevant inspection and appraisal conclusions, promptly make a traffic accident identification document, as evidence for handling the traffic accident. The traffic accident determination document shall clearly state the basic facts of the traffic accident, the causes and the responsibilities of the parties, and serve them on the parties.

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In the case of a dispute over compensation for damages in a traffic accident, the parties may request mediation from the traffic management department of the public security organ, or may directly file a civil lawsuit with the people's court.

After mediation by the traffic management department of the public security organ, if the parties fail to reach an agreement or do not perform after the mediation agreement takes effect, the parties may file a civil lawsuit with the people's court.

Traffic control is not an administrative coercive measure. Article 2 of the "Administrative Compulsory Law" stipulates: "The term "administrative compulsion" as used in this Law includes administrative compulsory measures and administrative compulsory enforcement.

"Administrative compulsory measures" refers to the conduct of administrative organs in the course of administrative management to temporarily restrict citizens' personal liberty in accordance with law, or to temporarily control the property of citizens, legal persons, or other organizations, in order to stop illegal acts, prevent the destruction of evidence, avoid the occurrence of harms, and control the expansion of dangers. "Administrative compulsory enforcement" refers to the conduct of administrative organs or administrative organs applying to the people's courts to compel the performance of obligations in accordance with law against citizens, legal persons, or other organizations that do not perform on administrative decisions. "Traffic control is a measure to control the passage of vehicles and people in some or all of the traffic sections for some safety reasons, while administrative coercive measures refer to the act of temporarily restricting the personal freedom of citizens in accordance with the law, or temporarily controlling the property of citizens, legal persons or other organizations in the course of administrative management in order to stop illegal acts, prevent the destruction of evidence, avoid the occurrence of harm, and control the expansion of dangers.

Therefore, traffic control is not an administrative coercive measure.

Article 9 of the Administrative Coercion Law of the People's Republic of China Types of administrative coercive measures: (1) Restricting citizens' personal freedom; (2) Sealing up places, facilities, or property; (3) Seizure of property; (4) Freezing deposits and remittances; (5) Other administrative compulsory measures. Article 17 of the Administrative Coercion Law of the People's Republic of China Administrative Coercive Measures shall be implemented within the scope of statutory authority by the administrative machinery and regulations prescribed by laws and regulations.

The power of administrative compulsory measures must not be delegated. According to Article 9 of the Administrative Punishment Law of the People's Republic of China, which came into effect on July 15, 2021, the types of administrative punishments are: (1) warnings and circulars of criticism; (2) Fines, confiscation of unlawful gains, or confiscation of illegal property; (3) Temporarily withholding licenses, lowering qualification levels, or revoking licenses; (4) Restricting the carrying out of production and business activities, ordering the suspension of production and business, ordering closure, or restricting employment; (5) Administrative sail fluid detention; (6) Other administrative punishments provided for by laws and administrative regulations.