Comparison And Studies Between The Chinese And Japanese Laws And Regulations On Roads And Traffic Control Safety

The fifth, meeting held by the Standing Committee of the 10^th. National People's Congress of China discussed and adopted "Law on Roads and Traffic Control Safety of P.R.China" on October 28, 2003. Adoption of the law is a milestone for the Chinese legal construction course on roads and traffic control as well as opens a new phase that the road and traffic control is under a legal consideration. The law has aroused extensive social attentions since its promulgation and implementation. Especially those problemgradually emerged have been hotly argued, even censured, on media and internets by massive social groups such as vast traffic law enforcement officers and participants in more than recent two years since its enforcement. However, as far as the author concerns, there has been nobody who does deep researches on or probes into these problems theoretically and systematically so far. Items issued in "Law on Roads and Traffic Control Safety of P.R.China" have not even been compared and discussed theoretically with the foreign counterparts systematically. The problems existed in those laws and regulations relating to Chinese roads and traffic control safety are analysed and studied objectively, overally and systematically in this article after a systematic comparison is made between the Chinese laws and regulations on roads and traffic control safety and the Japanese ones. Enlightened by the comparison and analysis, the author is proposing some suggestions so that continuingly consummated and more perfect laws and regulations on roads and traffic control safety can be promoted. There are around fifty thousand words in this article in three main parts. Here are some main points as followings:In part one as forewords of the article, the author starts by discussing those problems and controversial points existed in the Chinese laws and regulations on roads and traffic control safety, and then simply makes a country survey report of Janpan as well as emphasizes similarities in both Chinese and Japanese roads and traffic control safety fields. Furthermore, the author proposes his assumptions and reasons why legal comparison with and analysis on laws and regulations on roads and traffic control safety in China and Japan are made. In part two as chapter one , which is the core of the article, laws and regulations on roads and traffic control safety in China and Japan have been strictly, overally and meticulously compared. On a basis of the comparison, the existing differences in legislative accomplishments and materiality as well as scientific rationality between Chinese laws and Japanese ones are found. Based on these differences, the author then focuses on discussions and analysis of all kinds of problems existing in Chinese laws and regulations on roads and traffic control safety. In part three as chapter three continued by part II of the article, some pertinence suggestions are proposed by the author on how to consummate those laws and regulations on road and traffic control safety in China.