The Research On The Track Traffic Law Legislative Model

Track traffic refers to the way of transportation that vehicle running in the slide way, including railway, the urban railway system and regional railway system. It is a important way of transportation, and significant on tactical development of national economy. For quite a long time, respective legislation of railway and urban transit is a continuation of our country's rail transit legislation model. However,with the development of comprehensive transportation and the appearance of regional track traffic, the current legislation couldn't adapt it, therefore, amendment is utmost urgency.For now,a track traffic law, a number of administrative rules and local departmental rules have been created totally, and the system of rail transit law makes the initial shape. However, the most important, Law of railway, which created in 1991 couldn't meet the need of our country' track traffic developing anymore, so this calls for imminent amendment and perfection. But there is little agreement in how to construct it, respective legislation and uniform legislation is the main dispute according to the Law rail transit of city. This discussion actually is a comprehensive reconsideration how to build our country's rail transit system and which legislative model should be taken. In our country,the research to the uniform legislation of Law track traffic is not enough, so here, author take the uniform legislation as the subject to provide the reference for choosing the proper transportation legislation model.This paper first introduces the background and motive, some information about the present situation of track traffic legislation, point out its essential in our country, and meanwhile explain the research method. Next, theory analysis on the model track traffic legislation. There is a constant revolution process existing in the law world, and it possesses stability and variability this two features. In this chapter,the key concept of the paper is defined firstly, then investigate the general theory of the track traffic legislation model and find out the factors deciding it. That including the Law economical attribute, development condition, system reform, and the attribute of itself. Moreover, law foreign's survey on Law track traffic' model. Track traffic was originated from abroad, the techniques of the foreign track traffic and the maturity of the law have precedence over ours. We can learn from it selectively as the guide of our track traffic legislation. After categorizing and sorting the track traffic model of the follow countries, like Germany,France, Canada, Japan and our country's Taiwan area, pointing out that legal system is the guarantee of it, advantages and shortages of each country' model, and the significance of our country's. The fourth, survey on our country's track traffic legislation. Our country's track traffic is started from Qing Dynasty, which a big part of it was combined the foreign and native experience. The paper is mainly viewed the chief track traffic legislation from Qing Dynasty to now as to learn the achievements of the legislation, and meanwhile analyse respective legislation'problems and reasons. The fifth is which model to choose. According to analysis of the theory mentioned before, horizontal comparison, and vertical legislative history, about the essential of our country's uniform legislation, Law economy dominates it and be unified is the tendency, the need of system's revolution and the two's attribute make reform legislation necessarily. And with the reference of its merits, it comes that reform legislation is the most feasible option in our country. At last, conception of the Law track traffic—epilogue. This chapter is the conclusion of the paper, which raised the arrangement of the legislative law's main style and the tendency.