A Study On The Moderation Of Citizen 's Free Intervention In Administrative Power

The expansion of executive power is the basic state of the development of modern administrative law. Civil liberty is the right to citizens by the constitution. In the process of governance and the social management, the intervention of executive power in civil liberty is inevitable. It follows, therefore, that the study of moderation of the intervention of executive power in civil liberty has become the important content of administrative legislation as well as management. With the rising living conditions of Chinese citizens, the contradiction between one’s pursuit of materialism and the administrative management is becoming increasingly prominent. How to solve the relationship between them has become the pressing issue of administrative management. From the perspective of restrictions on car, the essay will discuss the moderation of intervention of administrative power in civil liberty, further discuss the balance between public power and private rights, in order to elaborate on the limits of administrative power intervention and measures to aid citizens whose civil rights have been infringed upon.Currently, the number of automobiles is increasing, facilitating people’s traveling, but also bringing huge pressure to urban traffic.At the same time, a variety of urban problems such as air pollution, shortage of fuels are also becoming increasingly prominent, especially the increasingly serious traffic, which has turned "traffic jam" into "upsetting feelings". The public dissatisfaction with the government’s transport infrastructure is rising. Against such backdrop, seven major cities including Shanghai, Guiyang, Guangzhou, Beijing, Hangzhou, and Shenzhen has issued the policy of restriction on car purchase, to the address the problems above. The introduction of the Policy of Car purchase restriction has caused vociferous comments and opinions. The restriction policy essentially reflects the game between administrative power and civil liberty. In this essay, from the perspective of automobile purchase restriction policy, the author adopts the normative analysis, literature analysis and comparative study method, elaborating the legal basis, basic principle and basic process for the intervention of administrative power in civil liberty. The essay will also analyze the performance of car purchase restriction policy, discuss the legal issues, and based above, put forward the relevant measures.What is innovative about the essay is that it takes the perspective of the automobile purchase restriction policy and analyzes the strengths and weaknesses of the policy in terms of jurisprudence. This policy has been rare in its instances. According to the author’s summary of foreign literature on the topic, only Singapore has adopted such policy with a local name as “car permit”. This policy has been implemented for over 20 years, to the effect that the price of the “permit” is soaring, creating a marked social gap between people with cars and those without. The urban traffic congestion and shortage of parking lots are increasingly prominent. Compared with the literature at present, the innovations of the essay are as follows: first, the study stays current on the cutting-edge issues with the focus on the study about policies that are closely related to the public. Second, from the research thinking, the interpretation of the automobile purchase restrictions takes the perspective of relationships between administrative power and civil liberty, which presents a completely new research way. Third, from the methodology, the essay emphasizes the combination of theories and practices. Fourth, the essay defines and analyzes the limits of the intervention of power in administrative management reflected in the policy and puts forward relevant measures to resolve the issues. Fifth, the essay tries to carry out innovative study on the aiding ways to sort out the excessive intervention of abstract administrative acts in civil liberty.The legality of the contents and process of the automobile purchase restriction policy determines the authority as well as legitimacy of the policy. The actual social effect of the policy further determines how to better the policy itself. In addition to the significance of legal theories, the essay the influence upon China’s automobile industry brought by the policy, and the upon the public life. Furthermore, the essay will analyze the effect on the economic development and management. Therefore, the essay can be attached with theoretical and practical significance.