Legal Theory Research On Pedestrians' Right Of Way

As a symbol of the industrial and technological revolution,steam engine strongly promoted the industrialization process of various countries.Technological innovation has promoted the modernization of the means of transport,and motor vehicles have played an increasingly important role in social and economic development.However,vehicles and pedestrians share limited road resources,and the increase of motor vehicles also causes a series of problems.When people and cars meet,whether people or cars go first,the pavement dedicated to pedestrians is occupied and blocked,and even some places do not have sidewalks.People are walking on the road with high-speed cars beside them,which has seriously affected the passage of pedestrians.In the explicit provisions of the Constitution of our country,we cannot find a law that specifically stipulates the right to travel,but we can derive the right of way from the constitutional spirit of the Constitution "protecting human rights." The right to travel is the basic requirement of pedestrians,and it is also a natural instinct.It is the same basic livelihood issue as “eat,wear,live”.It is the basic content of the right to travel to protect pedestrians' safety,life and property from threats.When more and more road resources are tilted toward the vehicles,we often feel that there is no way to go.These situations are inconsistent with the concept of building a harmonious city in China,and are also inconsistent with the concept of human development.In order to solve the above problems,this paper attempts to put forward theconcept of road rights,analyzes the rights that pedestrians should enjoy as a weak party in the traffic relationship,analyzes the common problems in society from the interests and values of rights content,and gives the right to operate and operate.The solution path of rights conflicts such as rights,adjacent right to pass,and parking rights enriches the theoretical basis of the right to travel.First of all,the concept of the right to travel is explained.The so-called right of way is the right of pedestrians to use the road.Compared with motor vehicles,pedestrians have the right to pass preferentially.From the primitive society,humans can walk upright and have not used livestock to pull cars.The transfer of people between spatial locations is done by walking.The conflict between people walking on the road is also achieved by mutual letting.Pedestrians are vulnerable groups as participants in road traffic relations,and the rights of the weak should not be ignored.Secondly,the right to travel is a basic right not listed in the Constitution.This paper analyzes the right of way of action from the perspective of rights theory.From the legitimacy of the right of way,it is a natural right.The right of people to enjoy the right can't be deprived.The existence of the right of way does not depend on the principle of road rights.The right to travel is a basic right that is not stipulated by the Constitution.It belongs to every natural life and enjoys equal rights.Although the right to travel is the right of individuals to use the road and pass on the road,the road resources are guaranteed by the state,and the state is the duty bearer of the right to travel.The benefits of using roads are necessary for people to survive for themselves.They are legitimate interests.However,because people's behaviors will affect others,they need to be adjusted to make the main interests of road traffic relations harmonious and balanced.To achieve justice.Thirdly,the main reason why people's roads pass through to others is the carrier of road traffic – the road is a scarce resource.The rights already stipulated in the current law also have the occupation of road resources.Based on the shortage of resources,the right to travel will conflict with other rights.How to resolve the conflict of rights,according to the order of rights to resolve the conflict between theright of way and the right to operate,adjacent right of way,the right to occupy the road,the right to occupy the road.Finally,China should strengthen the protection of pedestrian's right of way from three aspects: legislation,judicature and administration.In the aspect of legislation,the legislator should draw lessons from the foreign advanced legislation experience,change the road right consciousness,take "the person" right as the legislative original meaning.In the judicial aspect,the judicial organ should strengthen the reasoning part in the case about the right of way,clarify the important value of the right of way,so that the right of way can be guaranteed in the judicial practice.In the aspect of administration,the administrative organ should change the function of the government from management government to service government.