A Probe Into The Law Issues On "Life-long Drive-prohibition" In China

Road Traffic Security Law of China for the first time regulates that prohibit those who caused traffic accidents but fled away to regain driving license all the life. As an administrative handling with drivers who committed traffic illegal act seriously by prohibiting their driving right permanently, prohibiting driving all the life has corresponding legal bases and values for eliminating certain traffic illegal act that seriously endangers society. The clause of prohibiting driving all the life in Road Traffic Security Law of China was issued after the publish of Administrative License Law and is the development of relevant regulations in Administrative License Law and Administrative Penalties Law. As an administrative handling in eliminating serious traffic illegal act, the clause of prohibiting driving all the life has been confirmed by laws of many countries and areas. As an administrative handling that prohibits driving right permanently, prohibiting driving all the life should be a kind of administrative penalty in legal character. As an administrative handling that influences certain right of citizens permanently, the clause of prohibiting driving all the life should be inclined to coordinate the relation of validity and efficacy and relation of solidity and change. However, there are relevant legal problems in the clause of prohibiting driving all the life of our country. First, that clause is too concise and the regulation induces a kind of stiff administrative act that enforces prohibiting driving all the life towards all those causing traffic casualties and fleeing away with different circumstances, which lacks of legal flexibility and rationality. Second, as administrative handling that prohibits driving right of administrative enforced permanently, there lacks of corresponding regulations to support that clause from the respect of procedure and substance, which leads to the difficult enforcement of administrative organs. Third, that clause is too severe for the offenders with light circumstances. On the contrary, it omits other offenders who should deserve prohibiting driving all the life with serious circumstances and leads to the incompletion of scope of application. Moreover, prohibiting driving all the life is an administrative handling more serious than suspending driving licenses, while Road Traffic Security Law and Administrative License Law lack of regulations on legal remediation ways for it. For example, there lacks of concrete regulations to confirm whether the offenders can apply for hearing and how to carry through administrative review, administrative action and other legal remediation ways. That how to learn form the legislative experience of other countries and areas and perfect our clause of prohibiting driving all the life according to the circumstances of road traffic security administration of our country so as to eliminate and punish those traffic illegal acts with serious circumstances possesses significant legal values. In this respect, using the means of jurisprudence analyses and comparative research, this article brings forth some opinions and proposals for the perfection of legislation from the legal character, constitutive elements, scope of application, substantial characterization, enforcement procedure and legal remediation of the clause of prohibiting driving all the life. This article aims to make a elementary research on the clause of prohibiting driving all the life of our country.