The Analysis Of Beijing "Vehicle Restriction Rule" By The Administrative Law

Administration by law is important composition of governing by law. Along with the development of administrative jurisprudence, administration by law theory also matures. However in reality still have many problems to be solved urgently., especially in administrative decision-making domain。The purpose of the research is to investigate the weakness in administrative decision-making in the construction by law from anglicizing Beijing vehicle restriction rule according to tail number.The first chapter of this paper introduced the case basic situation of Beijing vehicle restriction rule. Following the Beijing Olympics "dual number vehicle restriction " measures, the Beijing municipal government again respectively issued vehicle restriction rule in September 2008, in April 2009 and in April 2010 for three times. Each time respectively last for half a year, one year and two year. All vehicles will out allowed to use for one day a week in order.There is heated discussion of the legal nature of the vehicle restriction rule from every corner of the society, because of the widely concerns about people and interest of this measures. The author concluded that Beijing vehicle restriction rule belongs to the abstract administrative action administrative decision-making, and is a restriction of the use of the private property of citizens. Concrete analysis of legal nature of the Beijing vehicle restriction rule is the groundwork for below.The second chapter analyses the legitimate authority of the "vehicle restriction rule". The conclusion is that the Beijing municipal government implements prevention of the atmospheric pollution measures of the People's Republic of China and the road traffic safety law of the People's Republic of China as the subject of administrative decision is not fully.The third chapter analyses the content of the "vehicle restriction rule" by the three points of the principle of proportionality. Vehicle restriction rule measures road traffic conditions and atmospheric environmental conditions have been improved, but because of the vehicle restriction rule measures bringing the inconvenience, there are numbers of family chose to buy a second car, in the long run, more harm than good, so it does not conform to the principle of appropriateness. Judging from the experience of other countries in solving traffic jams and atmospheric pollution, there are many ways, meanwhile Chinese scholars also puts forward some optional solutions, because vehicle restriction rule does much damage to the rights and interests of citizen, so the method does not conform to the principle of necessity. Because government's assessment report of vehicle restriction rule lack the analysis of the costs, without which we could not compare the effect with the cost of vehicle restriction rule. The government shall authorize research institutions to comprehensively assess the costs, so that "vehicle restriction rule" whether conform to principle of benefit equilibrium is to be discussing.The forth chapter inspects the program justification of the_vehicle restriction rule from four aspects:information disclosure, citizen participation, evaluation system, democratic supervision. Although the government has valued the program justification, but in the practice, there are still some shortcomings. For example, the Beijing municipal government issued a vehicle restriction rule in the conditions of information not fully opened, and the content opened not incomplete; As a major administrative decision-making, the government did not call any hearings, public participation is insufficient; In the later evaluation system, the official poll results lacked authenticity, and the assessment reports lacked the analysis of cost of vehicle restriction rule; Also we can see that the public have too many questions about vehicle restriction rule measures, but this question had no way to transformed into the supervision of government decision-making.In short, Beijing vehicle restriction rule have many problems, although it's just a case, but also with individuality representative, peep one spot known from cases, the whole sceneries we can see the defects of our administrative decision-making in practice. Deep understanding of these problems is the prerequisite of further perfecting our country's administrative decision-making mechanism.