Abstract
As a result of revoked the administrative penalty of the Road Traffic Adjudication Event, made by the trial judge on the Court of First Instance who provides different of views from the administrative government, the governments should reflect on themselves. Especially, the police officers don’t know what to do, whom will be challenged the enforcement professional image by the people from the news media negative reported widespread. The National Police Agency urged police departments should provide positive proof, and assistant the Road Traffic Management to appeal to the court, for promote the enforcement credibility on the annual conference last year. The NPA will encourage the achievement to improve morale.
The judgement adopted the causes drafted by the Road Traffic Adjudication Event offender. The major cause is, the traffic sign that says “enforcement area" is less conspicuous than “Targeted enforcement area”. Although the sign post is authorized by the Road Traffic Management and Penalty Act, the article7.2 ruling the administrative penalty proof produced from the science enforcement equipment. The appeal, proposed with many solid proof, suggested it is the field of legal reservation, and the controversy traffic sign was post through the serious administration procedure. The conclusion can provide the methodology to appeal and the improvement to the administration.
Keywords
Administrative Litigation、Traffic Adjudication、Traffic Signs、the Principle of Legal Reservation
Citation information
Chen Guan Yu, Wu Chun Liang, Lei Guo Qiang, Case Study of the Road Traffic Adjudication Event Appeal- Argument the Traffic Signs conspicuousness, Police Science Quarterly, 16(2015), 1-18(in Chinese)
Author’ information
Corresponding author at: National Chiao Tung University,1001 University Road, Hsinchu 30010, Taiwan
E-mail addresses: summerhill.org@gmail.com (CL Wu), sandey.happly@gmail.com (GY Chen), 6178@hpb.gov.tw (GQ Lei)
Tel: +886 3 5731998