THE THEORETICAL MODEL OF THE ADMINISTRATIVE POWER OF THE TRAFFIC POLICE IN CHINA

论我国交通警察权力模型

The field of administrative power of the traffic police in China has been relatively under-researched and has not been comprehensively regarded as a separate legal category. Previous research on this topic has been mostly restricted to limited understanding of the administrative power of the traffic police in China, let alone feasible legislative regulations. This study will deal with this issue by deconstructing the power of the traffic police. Based on the investigation of the administrative power and its practice of the traffic police,the administrative power model of the traffic police in China can be refined and modeled as the power of licensing, the investigative power, the determinative power, the mediation power, the reward power, the guidance power, and other forms of power. This theoretical model illustrates the theoretical framework of the administrative power of the traffic police in China, and helps administrative counterparts realize the traffic right of way and protect their legal rights.Meanwhile, it is conducive for traffic administrative departments to effectively regulate its power and practice. It will also improve the modernization of the national governance system and governance capacity, and facilitate the in-depth implementation of particular administrative laws, especially the police law.

当前我国交通警察权力并未作为独立的法学范畴展开全方位的研究,导致对交通警察权力的真实样态和全貌缺乏全面有效的感知,更遑论进行有效的法律规制。援用行政权理论模型对交通警察权力进行解构,是一条可行的路径。基于对交通警察权力运行空间和实践样态的观察,可将交通警察权力模式化为交警许可权、交警调查权、交警确认权、交警强制权、交警处罚权、交警调解权、交警奖励权、交警指导权等权力模型。以行政权模式化理论明晰我国交通警察权力模型及坚实其理论架构,不仅有利于实现相对人交通路权和更好保护其自身合法权益,以及交通警察权力的有效规制和交通警察权力的功能发挥,还有利于推进国家治理体系和治理能力现代化,以及部门行政法学尤其是警察法学的纵深拓展。