交通累积记分行为法律性质辨析

对于交通累积记分行为的法律性质,学界及实务界一直存有争议,提出了不同的学术观点,如行政处罚说、中间行为说、行政事实行为说、程序行政行为说.基于厘清交通累积记分行为法律性质的目的,首先对已有学术观点进行了批判论证.而后,在批判论证、借鉴已有学说优点的基础上,将传统行政行为理论的静态角度与行政过程论的静态角度相结合,重新对交通累积记分行为进行认识.经两方面的分析论证,将交通累积记分行为定性为行政确认行为.

Analysis of the Legal Nature of the Act of Keeping Cumulative Scores in Traffic

AS for the legal nature of the act of keeping cumulative scores in traffic, scholars and practitioners have been controversial, they put forward different academic arguments, such as administrative punishment, intermediate act, administrative fact act, procedural administrative act. Based on the purpose of clarifying the legal nature of the act of keeping cumulative scores in traffic, this paper firstly criticizes and demonstrates the existing academic point of views. Then, on the basis of criticizing and demonstrating the existing academic point of views and learning the ad- vantages of them, this paper reinterprets the act of keeping cumulative scores in traffic through combining the static perspective of the traditional administrative law theory with the dynamic perspective of the administrative process. Through the analysis and argumentation from the two aspects, this paper characterizes the act of keeping cumulative scores in traffic as the administrative confirmation.