The Analysis Of Vehicle Restriction For Even And Odd Numberes Rule By The Administrative Law

Because of the increasing air pollution and traffic congestion,the "vehicle restriction for even and odd numbers rule" is controversial and need to be examined from the perspective of administrative law.Firstly,this paper analyzes the nature of abstract administrative act of vehicle restriction for even and odd numbers rule,which constitutes social obligation and expropriation respectively under temporary and regular circumstances.From the perspective of legitimacy,the decision-making subject is relatively suitable,but the legal basis of decision-making is not clear,and the information is not fully open in the decision-making process,the degree of citizen participation in decision-making is low,the channels of supervision are few,and the foundation of legitimacy is insufficient.From the level of rationality,it is effective as an emergency measure in the short term,but its long-term effectiveness is weakened,and it has the potential hidden danger of aggravating pollution and congestion,so it is not appropriate;There are other schemes to alleviate traffic congestion and control air pollution,which are not necessary;the increment of public interest has no overwhelming advantage in the face of personal benefit loss,and it is not balanced.From the angle of administrative law,the single and even number of traffic restrictions can be improved in the following three aspects: the National People’s Congress clarifies its content and time limit,embodies the spirit of proportionality principle in the administrative decision of the government,and pays attention to the procedure of building communication with the public.