On January 29, the Henan Provincial Public Security Department, together with the Provincial Department of Transportation, mobilized the provincial public security traffic police department to work source management, road control, and service to the masses. In law enforcement and management, it is required to adopt a "soft law enforcement" model, without affecting traffic safety and traffic order, during the Spring Festival, less fines for local drivers, cautious fines for drivers from other places, and as far as possible for drivers from other provinces, with education and persuasion as the mainstay.
Henan's move sparked heated discussions on the Internet, and most netizens praised it and shouted that their hometown would follow suit. Of course, some netizens questioned whether this counts as differential treatment? Is it inconsistent with the principle of the rule of law?
In fact, the traffic police in the specific law enforcement process, already have a certain discretion, such as the same illegal nature, according to the specific situation, such as whether to interfere with the normal traffic order, can also have different penalties. Warnings, education, and fines are all types of punishment.
Moreover, laws and regulations cannot exhaust all situations, so it is necessary for front-line law enforcers to make judgments based on specific circumstances. From this point of view, there is nothing wrong with being friendly to outsiders.
First, foreign tourists, especially those from other provinces, are not familiar with the local urban roads and public places, and if they are not careful, they may cause traffic violations. Relatively speaking, locals are more familiar with local roads, and the subjectivity of "making mistakes" may be greater, while outsiders may be more affected by objective factors. Considering this situation, trying not to issue a ticket to them is also a kind of humane law enforcement.
Second, the Spring Festival holiday is also a period of intensive travel, the traffic flow will increase significantly, and in the case of road congestion and shortage of parking spaces, it is also easy to violate the rules. Taking into account this realistic scenario, taking a more relaxed attitude towards law enforcement during the special period is also a practical and realistic approach.
In fact, similar policies are not unique to Henan, nor are they new. For example, during last year's May Day holiday and the National Day holiday, many places across the country made it clear that minor traffic violations during the holiday were "only warned and not punished". In fact, this concept of law enforcement has become a social consensus to a certain extent, and has been tested in practice.
It should also be noted that the reason why some places have introduced similar policies before the holiday is that the holiday is often also the peak tourist season. For self-driving tourists, whether a traffic enforcement is too harsh or tolerant enough, whether it is human or unreasonable, can also mean the first impression of a city. At a time when the image of cultural tourism is becoming more and more important, urban management must also keep pace with the times and be considerate.
Of course, soft law enforcement does not mean relaxation or indulgence, and it must be stricter. For example, Henan also requires strict implementation of the "Opinions on Handling Criminal Cases of Drunk and Dangerous Driving", and always maintains a strict investigation of drunk driving; In national and provincial highways and rural areas, focus on investigating and dealing with prominent illegal acts such as "three supers and one fatigue", strong and super strong meetings, illegal manning, and illegal operations. When it comes to issues of principle, there is still no compromise.
In addition, in order to better guide the front-line law enforcement personnel to carry out their work, and also to prevent the abuse and misuse of law enforcement powers, the traffic management department also needs to clarify the details of law enforcement in a targeted manner, so that the front-line law enforcement personnel have a reference, and at the same time, let the driver have a basis for appeal. For example, for vehicles that are illegally parked around scenic spots, guesthouses, hotels, and business districts that do not obstruct traffic, they can be persuaded to leave; In principle, if the facts have been ascertained or the potential safety hazards of the vehicle have been eliminated at the scene, they will not be deducted.
According to **, the Spring Festival transportation in 2024 has undergone structural changes, and the number of non-commercial passenger cars on expressways and ordinary national and provincial trunk lines will be about 7.2 billion, and the proportion of self-driving travel in the whole society will exceed eighty. Such new scenarios also require adjustments in traffic management and law enforcement. From infrastructure to law enforcement, the peaceful Spring Festival is reflected in these details.
The original title was "Fewer Fines During the Spring Festival, Soft Law Enforcement Reflected in the Details" by Zhai Li **Bright**).