To maintain the road traffic order and to ensure road traffic safety, national administrative organs use every administrative actions, and it is still unable to manifest its effectiveness. To look into the reason, it probably because the legal system of violation management of road traffic uses “punishment” as the center, cannot correspond to the change in society, and causes the authority behavior of traffic duty police officers and object types of implementation have the diversity and complexity. To this end, the development of the legal system of violation management of road traffic shall also advance with the times, break through the shackles of the old thinking, introduce new ideas abroad, adjust policies and measures for all administrative behavior of violation management of road traffic, and integrate the social law, national happiness index and public participation and other new concepts into it. It is expected to achieve the substantial legalism and protect the legal interests of the public and policeman of law enforcement.
Although the legal system of violation management of road traffic in Taiwan has a significant correction and improvement in recent years, which still exists defects. Therefore, justice of relevant procedures shall be taken into account while in the pursuit of substantial justice. So, this article will use five structures of the Administrative Law, through basic principles, administrative organization, limit of administrative rights, administrative relief and administrative surveillance and different levels and angles, comprehensively review every segment of the legal system of violation management of road traffic in Taiwan. Hope to highlight the problems by the discussion and analysis of this research, and then individually provide specific recommendations and methods for matters of the current legal system which shall be reformed. Urgently need the competent authority to plan properly and integrate legislation, and develop a new “Road Traffic Act” to improve the legal system of violation management of road traffic in Taiwan and enhance the law and order image of nation.
Key words: ban, law-based administration, law enforcement,Traffic violation, violation management of road traffic