High-speed traffic police enforcement of the principles to be followed

Abstract: The rapid economic development of the modern state, the highway became a necessary and important way people travel, which requires a very good high-speed traffic police force, to be followed in the specific enforcement of a principle, this principle must be to maintain high-speed smooth flow of road safety exist, it must be to protect the legitimate interests of the Division formulated by the general public.

Keywords:: traffic police enforcement power, highways, safe and smooth
Either the world countries under the system, as long as the presence of highway, you need high-speed traffic police presence, because society needs high-speed traffic police and the public to maintain people's rights. However, there is also worried that the power of high-speed traffic police too strong will be strong enough to out of control, and in turn against the interests of society or people, so expect high-speed traffic police be given the power limitations and constraints. This contradictory state of mind is the people of a truly reflects the high-speed traffic police in the maintenance of the highway secure the good order flow, the masses of the people strongly require high-speed traffic police, highway safety and to protect various interests of the people to achieve social order, stability and even national security requirements to protect their own interests at the same time various masses of the people they want high-speed traffic police this power is limited by the restriction and supervision, and do not want to be free from the control of high-speed traffic police people in the public interest against a public authority. This ambivalence in fact, is also This attitude is based on our study high-speed traffic police enforcement powers to be followed in the implementation of the principle, it is our high-speed traffic police enforcement of the right of the main elements of concern.

Good high-speed traffic police to exercise law enforcement powers, the first high-speed traffic police to ensure law enforcement powers must be exercised in a timely, efficient and legitimate, in the masses of the people really need high-speed traffic police, they can keep up with issues of development, can really solve the problems of the masses out Second, we should use various laws, regulations or rules and regulations of this power management, to be able to control the power to move forward to the positive side, you can not lose the effective supervision and regulation.

High-speed traffic police as the relevant principles of law enforcement power only to be able to follow the spirit of the Constitution the concept of ideology, but also a high-speed traffic police enforcement powers of the fundamental basis for rational implementation. This high-speed traffic police enforcement powers, but also a public authority is a state power species specific embodiment, it is bound to comply with the rule of law of the state of modern thinking on the principles of public power. The Constitution of the important issue is the rights of public power and private relations, regardless of any country, as long as the development of the Constitution, nothing more than the maintenance and protection relationship of these two interests, as to what the relationship between rights and interests of the greater protection, it is because of different national and institutional differences. high-speed traffic police power is a national public authority, public authority is granted the specific national consciousness expression reflects a state function, the core idea is to control a variety of public power, to prevent the abuse of power by a minority, against the legitimate interests of the people. high-speed traffic police enforcement powers to the executive power primarily based, are responsible for protection of Highway Safety smooth, and safeguarding the legitimate rights and interests of highway traffic participants an important responsibility, on behalf of the administration of the national implementation of various security and detection of crime, deter crime task. Of course, reasonable to run high-speed traffic police authority and legitimacy, impartiality and so has a direct relationship.

How to protect the right to correct high-speed traffic police enforcement operation, as we need to study the problem of high-speed traffic police has become the challenge. Solution is to use the legal tools to prevent this abuse of the right of law enforcement, according to reasonable laws and regulations, the configuration of its to play a binding role. Therefore, the high-speed traffic police the right to the effective functioning of law enforcement must follow the following principles.

1 law enforcement to follow the principle of legality
The so-called principle of legality high-speed traffic police, traffic police is also the rule of law enforcement in high-speed main expression. It includes the origin of the right of law enforcement, implementation, use and so we must follow the Constitution, the legal requirements, in line with the requirements of the principle of the rule of law, not conflict with the law, or to cause offense. as the law subject to the provisions of the laws and regulations in accordance with the power to execute, but not above the law and regulations regulate the behavior of other, much less than those provided for their own use of the private privilege. When the power of the main did not follow the laws and regulations to exercise powers to cause offense, of course, illegal to bear the responsibility, subject to legal sanctions. This principle of the legitimacy of public power have many different requirements, all countries in the world is not the same, mainly because system of laws and regulations of each country arising from differences. In China, the rule of law in accordance with the process of China's current development level, should include the following situations:
First of all, no matter what kind of enforcement powers formulated by the state, should have a legal basis, which is mainly based on the laws of this country, and only in accordance with the specific powers enacted the law, only the value of existence, if not the support of the law, there is no basis for the development, the result can be imagined, is illegal.

Secondly, the implementation of the main requirements of power within the limits prescribed by law the exercise of power, the law enforcement body in accordance with laws and regulations need to set up, in how to establish the legal requirements when the main body. If there are no relevant laws and regulations as a basis, not to impose other obligations of the parties or against his own interests, but also not given a free hand to reduce the obligations of the parties or the special rights of the parties. Again, legitimate law enforcement powers of the licensing requirements. work, if authorized, when necessary, the high-speed traffic police as law enforcement body, his own some of the functions or all of the exercise of powers delegated to other units of time, but also act in accordance with the law.

Finally, the main high-speed traffic police as law enforcement is concerned, any official of the things have to perform in accordance with the law, they can not overriding and act beyond the law, not to make any power thing, if there are any violations, should be bear corresponding responsibilities.

The principle of legality is the premise of the public security organs according to law, for the high-speed traffic police, it is also the main basis for the work. High-speed traffic police in the actual work, all related to matters within their competence, must comply with the principle of legality. Links http://www.hi138.com Research Papers Download from a higher level in terms of high-speed traffic police from the law enforcement powers, representing the fundamental interests of the masses to exercise the legal interests of the people entrusted to various maintenance various powers. precisely because of the various powers high-speed traffic police from the law, so the priority of its powers must be consistent with the requirements of the law. the exercise of any power at the same time, we must first satisfy this condition, once the breach will be bound by the law, have to pay the corresponding responsibility.

2 law enforcement should follow the principle of proportionality
Mainly refers to the principle of proportionality as the principal law enforcement is concerned, the purpose of existence is to implement specific actions to law enforcement requirements and maintenance of the various interests of the parties, if the realization of these functions, there have been against the interests of the parties should be put This damage limitation in the appropriate range, so that maintenance and against a certain proportion of a proper balance. proportionality principle is a law with provisions to impose meaning, is the rights of the people as the basic requirements of the system. the principle of proportionality first appeared in Germany, has a very broad definition, high-speed traffic police enforcement in the concrete embodiment of many. mainly high-speed traffic police as the people is the police duties is to maintain the minimum public order, law enforcement behavior in specific, concrete protection things and against the interests of the should be appropriate, reflect a certain proportion of.

Concrete realization of the right in law enforcement process, the broad principle of proportionality is mainly embodied in adaptability, the need for balance and so on. Adaptability is that in high-speed traffic police enforcement, and work to be used to adapt the methods to achieve its purposes. necessity is that the traffic police in the maintenance of high-speed highway safety and smoothness of the case, have chosen to use the most effective way against the public interest to achieve at least the specific purpose of the act. balance is that law enforcement in specific high-speed traffic police, the interests of the masses against the degree of proportionality should be appropriate.

Proportionality principle of restricting the behavior of high-speed traffic police enforcement has a great help, it can effectively restrict the right of high-speed traffic police discretion of law enforcement degree, more reasonable limits the growing variety of high-speed traffic police public authority. Therefore, only clear this request , the work can be targeted, can effectively maintain good order in the highway, while the specific parties in the event of infringement of rights but also to ensure minimum.

3 law enforcement should follow the principle of equality
Mainly refers to equality in the modern rule of law, the state and legal relations between the masses are equal, equality of status is revealed, there is not discrimination, it is all one of the main features of democracy. In the rule of law in modern democracies, power is a national, but also all of the masses. All of the masses in this country should enjoy this power, the status of each of the masses should be and others are the same, equal. So For high-speed traffic police is concerned, the law enforcement, we must rely on the legal powers given all the powers given by the people rely on to safeguard their interests. in our Constitution, has strict rules: equality before the law. This is said that no matter who must abide by the law as the yardstick should be the law and equal treatment act within the law. concrete work, high-speed traffic police in dealing with the same offense, the different parties, to the same treatment and equal treatment. can not be any form of discriminatory attitudes and specific behaviors.

4 principles of law enforcement procedures to be followed
The main origin of the principle of procedure in the United Kingdom, the United Kingdom domestic law, "law of natural justice" is the first embodiment of the procedural requirements. High-speed traffic police of the specific law enforcement activities should comply with the law, but also to comply with a variety of strict legal procedures, but also accordance with the procedure only to exercise powers to ensure the specific behavior of legal acts in order to ensure effectiveness. procedural principle is right for high-speed traffic police enforcement, a major limitation. procedural principles have been embodied in all aspects of police work , so that law enforcement in high-speed traffic police showed remarkable characteristics of due process.

The new period, the Ministry of Public Security August 26, 2003 issued a <<public security organ Procedures for Handling Administrative Cases>>, but also to public security work has entered a new era, this and the May 14, 1998 to implement the <<Police Dealing with Criminal Cases Procedures>>, January 1, 2003 implementation of the <<public security organ for administrative reconsideration case Procedures>> the same time constitute the handling of the three procedural norms, which further improved the procedures of law enforcement, has become The main constraint specification high-speed traffic police enforcement. Many work for high-speed traffic police laws and regulations enacted, that a deeper level of public authority in relation to the area of ​​the law more perfect, from the past as one of the key aspects of substantive law, the entity into law and procedural law to treat as important. This improves the overall process speed of the rule of law in China, is China's integration into the international rule of law in environmental progress. Links http://www.hi138.com Research Papers Download