Research On The Legal Regulation Of Motor "Vehicle Restrictions"

Along with the development of social economy, people living standard rise, people is higher and higher requirement for the quality of travel, with the progress of transportation and transportation technology and the popularization, the traffic begins to walk into people’s horizons, simply rely on increasing supply cannot meet the requirements of residents to travel, there are increasing contradictions between person, vehicle, road, traffic congestion has become a large and medium-sized cities at home and abroad decision-making authority’s one of the major problems restricting urban development."Motor vehicle tail restrictions" has become the domestic many emergency measures to solve the problem of the city. Based on the related research results, and according to the situation of the implementation of the major cities, like Beijing, the "motor vehicle tail restrictions" of legitimacy, rationality and legitimacy, are analyzed, and the further.This paper will be divided into four parts:the first part of "motor vehicle tail number limit line" overview. Determines the "motor vehicle tail number limit line" concept, characteristics, legal nature and theoretical basis, and laid a solid foundation for the research of full text. The second part of the "motor vehicle tail number limit line" of the background and current situation. Respectively discusses the economic and social development background and theoretical background. At the same time, the paper analyzes the current situation of Beijing and other parts of the domestic cities, he third part "motor vehicle tail restrictions" legal analysis. Are analyzed from the aspects of subject rights, legal basis the legitimacy of the line "tail", think "motor vehicle tail number limit line" subject is legitimate, but the lack of practical and sufficient legal basis; Effectiveness based on the principles of proportion, from three aspects, necessity and proportionality analyzed the rationality of the line "tail", said:"private limited line" measures can achieve the expected goal in the short term, but in the long run, the negative effect will be bigger than the positive effect, in violation of the proportion principle, the rationality has been questioned. Line "tail" measures is hard damage of property rights for all SiCheZhu, compared with other alternatives, not damage the smaller way, doesn’t conform to the principle of necessity. The third part "motor vehicle tail restrictions" legal analysis. Are analyzed from the aspects of subject rights, legal basis the legitimacy of the line "tail", think "motor vehicle tail number limit line" subject is legitimate, but the lack of practical and sufficient legal basis; Effectiveness based on the principles of proportion, from three aspects, necessity and proportionality analyzed the rationality of the line "tail", said:"private limited line" measures can achieve the expected goal in the short term, but in the long run, the negative effect will be bigger than the positive effect, in violation of the proportion principle, the rationality has been questioned. Line "tail" measures is hard damage of property rights for all SiCheZhu, compared with other alternatives, not damage the smaller way, doesn’t conform to the principle of necessity. The fourth part "motor vehicle tail number limit line" perfect recommendations. First, perfect the "motor vehicle tail number limit line" of the relevant laws and regulations; Second, build a reasonable benefit compensation mechanism, through the reduction vehicle usage and motor vehicle compulsory insurance interests compensation, adjust the original road fees and fuel surcharge compensation mechanism, establish a proper compensation to the other fees for additional mechanisms; Line again and improve the "motor vehicle tail" due process of law system, the introduction of public participation mechanism in the process, correct Settings take effect is released and the interval of time, use less mandatory multi-purpose guidance.