An Analysis On A Case Of Forrunning Yellow Lights&New Traffic Regulations

In our country, whether the current traffic law enforcements agency is confused,or people’s court in the treatment of yellow light. In the case, both sides grab theyellow light are illegal and administrative law can apply dispute. The disputeoriginated from the relevant provisions of the road traffic laws and regulations,semantic ambiguity and of legal analogy principles do not thoroughly understand. Themethod to solve this dispute is the best on the principles of law, regulations andanalogy to in-depth analysis.Grab the yellow light behavior illegal legal basis. Firstly, based on the currenteffective "of the people’s Republic of China Road Traffic Safety Law" and "thepeople’s Republic of China Road Traffic Safety Law Implementing Regulations"provisions of the meaning interpretation, purpose interpretation, historicalinterpretation, we can draw the conclusion that, for the two laws, regulations and longwill grab the yellow light to conduct. No, just the legal ban said quite vague and noteasy to grasp the overall situation, need deep interpretation of the law, regulations ofthe legislative purpose and legislative background checks.On administrative law is allowed. Because of the prohibition of analogy principleis just the principle of criminal law instead of administrative legal principle,prohibition of analogy is intended to protect legal interest from illegal violations oflaw can be early protection. Administrative law violations of civil legal interest andeasy to repair, relief, this point and the criminal law has a world of difference, it isthis difference that makes the administrative law not to advance the protection ofadministrative law enforcement, coupled with the wide, points, characteristics of thelagging of the law itself and abstract rules, need to apply administrative lawregulations on administrative law, so in this case analogy has its legitimacy.Finally, the Ministry of public security in the "people’s Republic of China RoadTraffic Safety Law" and "the people’s Republic of China Road Traffic Safety LawImplementing Regulations" provisions within the revised "motor vehicle driver’slicense application and applicable regulations" should be regarded as the supplementand explanation of law of law, rationality and legitimacy of the new regulations do notexist doubt any more.