行人闖紅燈行政處罰研究
發(fā)布時(shí)間：2018-10-25 12:58
【摘要】：行人闖紅燈現(xiàn)象在我國(guó)的許多城市中都十分普遍,成為現(xiàn)代城市治理的一個(gè)難題,對(duì)人們的生命健康和道路交通秩序都產(chǎn)生了很大的挑戰(zhàn)。雖然不能排除的確有極少數(shù)不懂交通法規(guī)的行人會(huì)闖紅燈,但是絕大部分行人都是在明知基本交通規(guī)則的狀況下闖紅燈的,這實(shí)際上表明,現(xiàn)行法律對(duì)于行人闖紅燈的規(guī)定以及處罰措施的功能已經(jīng)基本失靈,僅僅依靠現(xiàn)行法律規(guī)定來(lái)治理行人闖紅燈現(xiàn)象已經(jīng)難以達(dá)到理想的效果。因而現(xiàn)今許多城市為了治理這一現(xiàn)象紛紛出“奇招”,而這些“奇招”在達(dá)到一定治理效果的同時(shí),更多的引來(lái)了人們對(duì)這些措施合法性和合理性的爭(zhēng)議,從而導(dǎo)致這些措施難以長(zhǎng)久實(shí)施。本文通過(guò)四個(gè)部分來(lái)對(duì)這一問(wèn)題進(jìn)行深入研究,本文第一部分緒論中論述了行人闖紅燈問(wèn)題研究的重要意義和法律定位,綜述了關(guān)于該問(wèn)題的國(guó)內(nèi)外研究現(xiàn)狀,并且介紹了本文的研究方法以及創(chuàng)新與不足之處。本文第二部分是關(guān)于行人闖紅燈及其處罰的社會(huì)調(diào)研結(jié)果研究,筆者為了深入了解和研究行人闖紅燈現(xiàn)象的相關(guān)問(wèn)題,進(jìn)行了實(shí)踐調(diào)查,主要是填寫(xiě)調(diào)查問(wèn)卷,即采取網(wǎng)上發(fā)布填寫(xiě)的方式,共發(fā)布500份,在此基礎(chǔ)上,通過(guò)對(duì)調(diào)查結(jié)果的整理分析,總結(jié)歸納行人闖紅燈的特征、原因、處罰的相關(guān)問(wèn)題,為本文的后續(xù)研究進(jìn)行奠定基礎(chǔ)。本文第三部分是關(guān)于國(guó)內(nèi)外典型城市對(duì)于行人闖紅燈問(wèn)題處罰的梳理與評(píng)析,將我國(guó)國(guó)內(nèi)主要城市主要舉措具體分為“法內(nèi)罰”與“法外罰”兩種,對(duì)每種模式的代表城市、具體措施、實(shí)施效果等進(jìn)行具體列舉和分析,最后從“合法性”、“合理性”、“有效性”三個(gè)角度對(duì)每種模式的行政執(zhí)法進(jìn)行分析評(píng)價(jià)。并將域外典型城市的處罰模式進(jìn)行列舉,為探尋合理的治理方式提供經(jīng)驗(yàn)。本文第四部分是關(guān)于我國(guó)行人闖紅燈處罰的行政法探析,對(duì)行人闖紅燈處罰問(wèn)題進(jìn)行了深入綜合的分析研究,具體分為深入反思、理性思考和未來(lái)愿景三個(gè)方面,深入反思是指通過(guò)分析現(xiàn)有處罰功能缺失的三個(gè)具體表現(xiàn),探索現(xiàn)有處罰功能缺失的五個(gè)具體原因,來(lái)反思現(xiàn)有行政處罰的功能性缺失;理性思考是指通過(guò)探索闖紅燈立法的規(guī)律來(lái)發(fā)掘改進(jìn)現(xiàn)有行政執(zhí)法的方式,即加大違法成本;未來(lái)愿景意指通過(guò)七個(gè)轉(zhuǎn)變來(lái)完善現(xiàn)有闖紅燈處罰體系,即豐富處罰種類:從單一到多樣;強(qiáng)化處罰力度:從“弱”到“強(qiáng)”;細(xì)化處罰幅度:從概括到分級(jí);改進(jìn)交款方式:從現(xiàn)場(chǎng)到幕后;落實(shí)處罰規(guī)定:從“虛”到“實(shí)”;嚴(yán)格行政執(zhí)法:從不管到嚴(yán)管;多種治理手段并用:從混亂到規(guī)范。
[Abstract]:The phenomenon of pedestrian running red light is very common in many cities of our country. It has become a difficult problem in modern urban governance and has brought great challenges to people's health and road traffic order. Although it cannot be ruled out that a very small number of pedestrians who do not know the traffic laws and regulations do run red lights, the vast majority of pedestrians run red lights with knowledge of the basic traffic rules, which in fact shows that, The regulation of pedestrian running red light and the function of punishment measures have basically failed in the current law. It is difficult to achieve the ideal effect only by relying on the existing laws and regulations to deal with the phenomenon of pedestrian running red light. As a result, in order to deal with this phenomenon, many cities have one after another "strange measures", and these "strange measures" in a certain degree of governance effect, at the same time, more people attracted the legitimacy and rationality of these measures controversy, As a result, these measures are difficult to implement for a long time. The first part of this paper discusses the significance and legal orientation of the study of pedestrian red light, and summarizes the domestic and foreign research status of the problem. It also introduces the research method, innovation and deficiency of this paper. The second part of this paper is about pedestrian red light and its punishment of social research results, in order to understand and study the pedestrian red light phenomenon related issues, carried out a practical investigation, mainly to fill out a questionnaire. On this basis, through the analysis of the investigation results, the characteristics, causes and punishment of pedestrian running red light are summed up, which lays a foundation for the follow-up study of this paper. The third part of this article is about the domestic and foreign typical cities to the pedestrian red light problem punishment combing and the appraisal, will our country main city main measure concretely divides "the law penalty" and "the law outside penalty" two kinds, to each kind of pattern representative city, The concrete measures, the implementation effect and so on are listed and analyzed in detail. Finally, the administrative law enforcement of each mode is analyzed and evaluated from the three angles of "legality", "rationality" and "effectiveness". It also enumerates the punishment modes of typical foreign cities to provide experience for exploring reasonable governance methods. The fourth part of this article is about the administrative law analysis of the punishment of pedestrian running red light in our country, and makes a deep and comprehensive analysis and research on the punishment of pedestrian passing red light, which is divided into three aspects: deep reflection, rational thinking and future vision. Deep reflection is to reflect on the functional deficiency of the existing administrative punishment by analyzing the three concrete manifestations of the lack of the existing punishment function and exploring the five specific reasons for the lack of the existing punishment function. Rational thinking is to explore the ways to improve the existing administrative law enforcement by exploring the laws of red light running legislation, that is, to increase the cost of violating the law; the vision for the future means to perfect the existing red light penalty system through seven changes. That is, rich types of punishment: from single to diverse; to strengthen punishment: from "weak" to "strong"; to refine the range of punishment: from generalization to classification; to improve the way of payment: from the scene to the behind-the-scenes; to implement the punishment provisions: from "empty" to "real"; Strict administrative law enforcement: never to strict control; a variety of means of governance and use: from chaos to norms.
【學(xué)位授予單位】：上海師范大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2017
【分類號(hào)】：D631.5
[Abstract]:The phenomenon of pedestrian running red light is very common in many cities of our country. It has become a difficult problem in modern urban governance and has brought great challenges to people's health and road traffic order. Although it cannot be ruled out that a very small number of pedestrians who do not know the traffic laws and regulations do run red lights, the vast majority of pedestrians run red lights with knowledge of the basic traffic rules, which in fact shows that, The regulation of pedestrian running red light and the function of punishment measures have basically failed in the current law. It is difficult to achieve the ideal effect only by relying on the existing laws and regulations to deal with the phenomenon of pedestrian running red light. As a result, in order to deal with this phenomenon, many cities have one after another "strange measures", and these "strange measures" in a certain degree of governance effect, at the same time, more people attracted the legitimacy and rationality of these measures controversy, As a result, these measures are difficult to implement for a long time. The first part of this paper discusses the significance and legal orientation of the study of pedestrian red light, and summarizes the domestic and foreign research status of the problem. It also introduces the research method, innovation and deficiency of this paper. The second part of this paper is about pedestrian red light and its punishment of social research results, in order to understand and study the pedestrian red light phenomenon related issues, carried out a practical investigation, mainly to fill out a questionnaire. On this basis, through the analysis of the investigation results, the characteristics, causes and punishment of pedestrian running red light are summed up, which lays a foundation for the follow-up study of this paper. The third part of this article is about the domestic and foreign typical cities to the pedestrian red light problem punishment combing and the appraisal, will our country main city main measure concretely divides "the law penalty" and "the law outside penalty" two kinds, to each kind of pattern representative city, The concrete measures, the implementation effect and so on are listed and analyzed in detail. Finally, the administrative law enforcement of each mode is analyzed and evaluated from the three angles of "legality", "rationality" and "effectiveness". It also enumerates the punishment modes of typical foreign cities to provide experience for exploring reasonable governance methods. The fourth part of this article is about the administrative law analysis of the punishment of pedestrian running red light in our country, and makes a deep and comprehensive analysis and research on the punishment of pedestrian passing red light, which is divided into three aspects: deep reflection, rational thinking and future vision. Deep reflection is to reflect on the functional deficiency of the existing administrative punishment by analyzing the three concrete manifestations of the lack of the existing punishment function and exploring the five specific reasons for the lack of the existing punishment function. Rational thinking is to explore the ways to improve the existing administrative law enforcement by exploring the laws of red light running legislation, that is, to increase the cost of violating the law; the vision for the future means to perfect the existing red light penalty system through seven changes. That is, rich types of punishment: from single to diverse; to strengthen punishment: from "weak" to "strong"; to refine the range of punishment: from generalization to classification; to improve the way of payment: from the scene to the behind-the-scenes; to implement the punishment provisions: from "empty" to "real"; Strict administrative law enforcement: never to strict control; a variety of means of governance and use: from chaos to norms.
【學(xué)位授予單位】：上海師范大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2017
【分類號(hào)】：D631.5
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