Study On The Guarantee Of The Rule Of Law For The Basic Rights Of Transportation In China

In 2019,the Central Committee of the Communist Party of China and the State Council released the “Outline for the Construction of a Strong Transportation State”,which includes transportation in the scope of “equalizing the level of public services”and specifies the goal of “ensuring that all people have access to transportation”,which largely determines that it has the attribute of human rights protection.The significance of this policy is determined to a large extent.At present,the construction of a strong transportation country in China is entering a substantive stage,and the protection of the rule of law of the basic rights of transportation is an inevitable issue at the present stage in China.From the historical dimension,the basic right to transportation is accompanied by the idea of human rights and is an important part of human rights.The basic right of transportation refers to the right of every member of society to be able to use transportation facilities such as railroads,highways,waterways,and airways and obtain transportation services freely,equally,and safely by relying on the transportation resources provided by the state in the manner prescribed by law.From the perspective of right construction,the subject of the right of the basic right of transportation is all members of the society,the subject of obligation is the state,the object is transportation resources and transportation behavior,and the content of the right is people’s right to freedom of transportation,right to transportation equality and right to transportation safety shall be guaranteed by the state.Moreover,the basic right of traffic is different from the right of way,right of way,and right of traffic.With the rise and development of social rights thinking,the duty of the state to guarantee people’s basic right to transportation has been clarified.The basic right to transportation has not only the attributes of human rights but also the attributes of social rights.The basic right to transportation is developing towards a system of rights covering many specific rights.The basic right to transportation is based on meeting the transportation needs of people,and as a means to maintain human dignity and achieve fairness and justice,it is justified by the general approval of the public and should be protected because of its independence and autonomy.Based on the analysis of the necessity and feasibility of the construction of the basic right of transportation in China,one is that the existing legal norms in China have the space to accommodate the basic right of transportation,and the other is to limit the expansion of administrative power and meet the needs of judicial practice,it is believed that the protection of the basic right of transportation from the law is more effective.The above is a more ideal state of China’s basic right to traffic,in the real rule of law practice in China there are still some resistance factors affecting the realization of the basic right to traffic.The root cause of these resistance factors lies in China’s legislative protection,administrative protection,and judicial remedies the imperfection,hindering the exercise and realization of people’s basic right to transportation.Therefore,the corresponding institutional arrangements for the above-mentioned problems are particularly important for the realization of basic traffic rights.China’s basic traffic rights are in a theoretical research fringe,so a more complete multi-level protection mechanism is needed,mainly including: First,to promote legislative protection,to realize the transformation from giving obligations to protecting rights.Second,strengthen administrative protection,and improve the government’s ability to pay as well as the level of service to meet people’s transportation needs.Third,improve judicial remedy channels,rely on civil litigation and administrative litigation system to achieve effective relief,and finally,try to promote the application of public interest litigation in the field of transportation,in order to break through the dilemma of insufficient traditional litigation relief,to achieve the protection of the basic rights of transportation.