| 英文摘要 |
Although the character of the road traffic punishment case is known as numerous but simple, the legal issues of road traffic violation citation are very complicated. The common issues are that if the violation citations are dispositions, how the violation citation become effective, what the effect of the violation citation is. On the one hand, these issues are involved in the regulation of read traffic (Specific Administrative Law). On the other hand, they are also the fundamental issue of disposition (General Administrative Law) which is worth to study. This article firstly elaborates the legal scheme and the procedural contracture of violation citation and then sequentially discusses the legal nature, effective, effect, due process of disposition and its relation with the administrative procedures. In order to realize the basic concepts and thinking points, as well as to analyze the operation of regulations and practice, this article selects some important judgments in judicial practice to introduce the concepts, list some examples and analyze the issues. To sum up, this article claims that violation citations as a tool of administrative order punishment have raised some legal issues. It is because the system of requiring the party to receive the punishment in person. If we can abolish the current regulation that requires the party to receive the punishment in person and closes such case after the party make the payment and return to the common track of administrative order law, the complicated problems of violation citation could all be solved. |
