依違規停車妨害交通程度訂定裁罰標準之研究

碩士 === 中央警察大學 === 交通管理學系 === 87 === The amount of fines for committing traffic regulations are only decided upon whether or when the traffic-offenders pay the penalties after receiving their citations instead of upon what the danger they have caused. But according to the principle 423 interpre...

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Bibliographic Details
Main Author: 溫杰炤
Other Authors: 曾平毅
Format: Others
Language:zh-TW
Published: 1999
Online Access:http://ndltd.ncl.edu.tw/handle/e2uukj
Description
Summary:碩士 === 中央警察大學 === 交通管理學系 === 87 === The amount of fines for committing traffic regulations are only decided upon whether or when the traffic-offenders pay the penalties after receiving their citations instead of upon what the danger they have caused. But according to the principle 423 interpretation of the Council of Grand Justices, it is obviously not complied with the reasonable standards required by the purpose of legislation. With the variety and different danger, miscellaneous traffic-offenses should not be fined only by the same standard. In order to find a fair, reasonable and unified solution, and to formulate a proper criterion under the discretion of supervising administration, this research which conducts an extensive research on the severity of illegal parking tries to set up an adequate penal criterion. Firstly, we divided various types of illegal parking into seven sorts based on their intensity of violation by means of Multi-Dimension Scale and Clustering; The appliance of Fuzzy Delphi is to pick out the main dimension influenced by this misconduct: "Safety", "Traffic", and Society", together with ten assessment standards : "Public Security", "Pedestrians' Security", "Drivers' Safety", "Causes of Accidents", "Decrease in Road Capacity", "Obstruction of Traffic Flow", "Impediment of Pedestrians", "Dignity of Law", "Loss of Social Cost", as well as "Fairness". Afterwards, employing Multi Attribute Decision Analysis, we are able to establish assessment models and to calculate the weight of attribute by means of Fuzzy Analytic Hierarchy Process, and evaluate the severity of each offense by dint of FAHP. The result of this appraisal demonstrates that the II type of illegal parking is the most severe misbehavior to the safety and the order of traffic, and the rest of the sequence: I, VI, VII, V, III, and IV. Finally, considering the intensity of each kind of violation as well as "Time", "Location", "Road", and "Vehicular Type", this four factors of illegal parking, we hope that we could draw up ajust and reasonable penal criterion to be a reference for future revision of traffic laws and punitive measures, and for the administrative discretion of the police.