Research On Realization Order Of Right Of Way In Urban Traffic Management

The right to pass freely the on road,is very important for the survival and development of modern people and is the embodiment of the right to live in the field of transportation.In order to better meet the needs of the society and maintain the smooth operation of traffic,it is of practical necessity and positive significance to elevate the right of passage on the road,namely “right of way”,to the legal level for protection.However,as a new type of right,the theoretical research on the right of way is still in its initial stage,and its connotation,characteristics,nature and other contents are still not clear.Right-of-way disorder occurs frequently in daily life,which brings a lot of traffic management problems.Taking the right as the starting point,analyzing from the angle of the basic theory of the right,clarifying the basic meaning and content of the right of way,demarcating the boundary of the right of way,forming a comprehensive understanding of the basic theory of the right of way,and then putting forward the resolution mechanism of the conflict of the right of way,can be considered as a beneficial attempt to realize the legalization of the right of way.Taking inside and outside of right-of-way pedigree as the classification standard,this paper puts forward the classification mode of right-of-way conflict,namely,internal right-of-way conflict and external right-of-way conflict.According to the different representations of the internal and external conflicts of the right of way,it is more targeted and practical to explore the resolution mechanism of the conflicts of the right of way.The realization order of right of way is put forward on the basis of the theory of right rank,and its essence is to measure and compare rights,so as to determine the realization order of various rights of way.The order of realization of the right of way has been reflected in the existing laws of our country,and many provisions of the road traffic safety law have made corresponding provisions for the specific order of realization of the right of way.The order of realization of the right of way should be determined in accordance with the spirit and principles of traffic rule by law.The order of realization of the right of way follows the requirements of ensuring safety,improving traffic efficiency,protecting the weak and safeguarding public interests.According to these principles,we can determine the specific rules of realization order of right of way.It can be divided into three levels: the order of road priority,the differentiated realization of road occupancy right and the conditional enjoyment of road right of passage.In addition,the effective operation of right-of-way realization order is also inseparable from the corresponding institutional guarantee.Build a legal guarantee system for the realization order of the right of way,and protect the realization of the right of way of passers-by with the help of the coercive force of the law.The specific guarantee approaches can be advanced from three levels,namely prevention in advance,handling in the matter,and relief provision.In advance prevention,it is necessary to promote,the right of way to realize the order of legal rules to prevent the occurrence of the right of way conflicts from the source.We should focus on the flexibility of traffic law enforcement and give it certain discretion in dealing with matters,so as to better solve the problems of imperfect laws and right-of-way conflicts in emergencies.Finally,a right without remedy is not right,The construction of the order rules for realizing the right of way should also pay attention to the relief of the infringement of the right of way by passers-by.Starting from civil law,administrative law and criminal law,the guarantee system for the post-relief of the right of way should be established,so as to comprehensively optimize the urban traffic management and ensure the effective realization of the right of way.