闯黄灯扣6分是牛顿第一定律的悖论吗?——以行政法价值体系分析为视角

A Paradox between the Enactment of a New Traffic Rule and Science——From the Perspective of the Value System of Administrative Law

行政法的价值体系有助于建设行政部门掌控全局、回应和引导舆论的能力。当前热衷立足建立完美理论体系的行政法研究难以回应现实问题,执法部门对此纠结不已。近来"闯黄灯扣6分"的公安执法实践则为行政法不必完整的价值体系分析提供了新思路。用牛顿第一定律等科学来判断法律,虽然缺乏评价的基础,却从侧面演示效率服从公平的意义,并展示了围绕人的生命与尊严为核心建立行政法价值体系的方向。

The value system of administrative law contributes to construct the ability of administrative departments which control the whole situation,respond to and lead the public opinion.Now,the research on the administrative law is courting for setting up a perfect system of theory,but it cannot answer practical problems. Recently,the enactment of a new traffic rule which stipulates to punish the violator by taking off 6 points if he or she is passing through the crossroad against the yellow traffic light seemly provides some new thoughts for resolving the problem.Although making a judgment of legislation by science lacks the foundation of appraisal, it can show that efficiency should obey fairness and reveal that the value system of administrative law should be built around human life and his dignity.