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最近,安徽省芜湖市一名交警给违停车辆贴了一份特殊告知单,明确告知车主此处因何不能停车,应将车辆停到何处,且车主驶离后不进行罚款。这种处理方式被网友称赞人性化。但在其他地方,交警对违停车辆的处理方式仍然为贴条罚款。在依法行政背景下,“同案不同罚”现象涉及法律中的自由裁量权。
Recently, a traffic police officer in Wuhu City, Anhui Province, posted a special notice to the vehicle in violation of the law and explicitly informed the vehicle owner of why the vehicle should not be parked here and where the vehicle should be parked. This approach is praised by users humane. However, in other places, the traffic police still penalized the handling of vehicles that violated the laws and regulations. In the context of administration according to law, the phenomenon of “different crimes with the same crime” involves the discretion in law.