试论《道路交通安全法》第一百一十四条存在的立法缺陷及其完善

《道路交通安全法》第114条有悖于《行政处罚法》对公正的价值追求;违背《行政处罚法》所倡导的处罚与教育相结合原则;在权力和权利这对行政法所关注的主要矛盾的价值取向上与现代法治对依法行政的基本要求不相适应。《道路交通安全法》第114条的内容可以作如后调整:交通技术监控记录资料可以作为公安交通管理部门进行处罚的证据;对有记录资料且能够确定驾驶人的,应当即时依法予以处罚;对有记录资料但不能确定驾驶人的,公安机关交通管理部门应当按《行政处罚法》所规定的一般程序查明违法事实,即时予以处罚。

Study On the Legislation Defects and the Improvements For the Article 141 of the Law of the People's Republic of China on Road Traffic Safety

The Article 114 of the Law of the People's Republic of China on Road Traffic Safety is against the pursuit on the equitable value from Administration Punishment Law, is also against the rules of integration between punishment and education from Administration Punishment Law. From the view of value tropism between the main contradictions, the powers and the rights, to which much attention is paid in Administration Laws, it does not accommodate the basic demands of administration by the rule of law. The Article 114 of the Law' of the People's Republic of China on Road Traffic Safety could be adjusted as follows, the records from traffic technic supervision could be regards as the condemnatory witness in police traffic management departments. If there are records and the determinate driver, the punishment could be executed immediately according to the laws. If there are records, but the driver could not be determined, the police traffic management department is obliged to find out the irregularity deeds according to the common procedures stated in Administration Punishment Law, then execute the punishment soon.