交通违章“代扣分”及其规制研究

发布时间：2018-11-27 11:53

【摘要】：我国对道路交通安全违法行为的规制采取处罚与记分同时进行的制度，处罚和记分能从不同的角度威慑违章驾驶人，督促其养成良好的驾驶习惯，，遵守交通规则，从而维护我国的道路佳通安全。但是，对道路交通安全违法行为的行政处罚，主要是罚款，有时并不能起到应有的效果，主要是由于那一点违章罚款对“有车一族”来说并不算什么，处罚不具有威慑力，就不得不想到记分。按照我国的记分制度，当一个记分周期内记满12分的，就要暂扣其驾驶证，重新学习并通过考试才能继续上路行使，因此，驾驶人往往比较忌讳记分，记分能起到良好的效果。但“上有政策，下有对策”，驾驶人为了逃避记分满12分的法律后果，就找人帮忙消分，由此催生出了“代扣分”这一产业。“代扣分”现象具有极大的社会危害性，使得违章驾驶人得不到应有的处罚和教育，打造出了“最牛违法车”这种故意违反道路交通安全法律法规的行为，严重的威胁了道路交通安全，所以要严厉的打击“代扣分”行为，并对“代扣分”行为进行治理和规制。要想消除“代扣分”行为，就不得不对我国的记分制度有一个清楚的认识，只有深入了解这些东西，才能更深入的剖析“代扣分”行为，从而提出规制“代扣分”行为和完善我国记分制度的措施。本文将分为六部分进行写作：第一部分是引言，主要介绍本文选题的来源及选题的意义、国内外研究现状、本文写作的思路和写作的重点、难点和创新点；第二部分主要是通过新闻媒体频频曝出的“最牛违法车”现象和谁打造了“最牛违法车”，引出我国盛行的“代扣分”问题，再由“代扣分”行为存在的危害性引出对其进行规制的必要性；第三部分主要根据我国的记分制度并结合社会现实，以此为基础深入分析“代扣分”行为产生的原因；第四部分主要介绍目前各地交管部门打击“代扣分”行为的思路、实践及其可行性分析；第五部分提出规制“代扣分”行为的具体办法；第六部分是结语。
[Abstract]:The regulation of illegal acts of road traffic safety in our country adopts the system of punishment and scoring at the same time. Punishment and scoring can deter illegal drivers from different angles, urge them to develop good driving habits and abide by traffic rules. In order to maintain the road safety of our country. However, the administrative penalty for illegal acts of road traffic safety is mainly a fine, which sometimes does not have the desired effect. It is mainly because the penalty for violation of the regulations is nothing to the "car owners," and the punishment is not a deterrent. I have to think of scoring. According to our country's scoring system, when a scoring cycle is full of 12 points, it is necessary to temporarily withhold its driver's license, re-study and pass the examination to continue on the road, therefore, the driver is often more taboo to score, scoring can play a good effect. But in order to avoid the legal consequences of 12 points, the driver asked someone to help eliminate the score, which gave birth to the industry of "withholding points". The phenomenon of "withholding points" has great social harmfulness, which makes the violators get no due punishment and education, thus creating the behavior of "most illegal vehicles", which deliberately violates the laws and regulations of road traffic safety. Serious threat to road traffic safety, so we must severely crack down on "withholding" behavior, and "withholding points" behavior governance and regulation. In order to eliminate the practice of "withholding points", we have to have a clear understanding of the point system in our country. Only by understanding these things in depth can we analyze the behavior of "withholding points" more deeply. Therefore, it puts forward the measures to regulate the behavior of withholding points and to perfect the scoring system of our country. This article will be divided into six parts of writing: the first part is the introduction, mainly introduces the origin of this topic and the significance of the topic, the current situation of domestic and foreign research, the thinking of this writing and the focus of writing, difficulties and innovative points; The second part is mainly through the news media frequently exposed the phenomenon of "the most cattle illegal cars" and who built the "most cattle illegal cars", leading to the popular "withholding" problem in our country. Then the necessity of regulating "withholding points" is brought out by the harmfulness of the behavior of "withholding points". The third part is mainly based on the point system of our country and the social reality, which is the basis of the in-depth analysis of the reasons for the "withholding" behavior; The fourth part mainly introduces the train of thought, practice and feasibility analysis of local traffic control department to crack down on "withholding" behavior at present; the fifth part puts forward the concrete method of regulating "withholding" behavior; the sixth part is the conclusion.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.14

【参考文献】