Vehicle Quota System Research Legal Issues

《Road Traffic Safety Law》and《Administrative Licensing Law》were introduced, led to the academic community and the public on the Shanghai auction system the amount of motor vehicle license rationality and legitimacy of the lively discussion. I tried to limit motor vehicle auction license sort out problem, mainly based on the amount of the Administrative Licensing Law of the motor vehicle license auction consider legal questions, with a focus on motor vehicle license auction limit the rationality and legitimacy to analyze. This paper attempts to start a two-step argument: first discuss the local government to establish and implement a reasonable license plates and the legitimacy of local governments to discuss the way to auction the permits issued and the legitimacy of the reasonable.Through the analysis of this article, we can see that the amount of motor vehicle license auction the real problem is the way resources permit, license plate of the reasonableness of the amount of the auction problem with the legitimacy of biodegradable plates for the establishment of reasonable limits and legitimacy and license plates issued by auction the reasonableness of the amount of both respect and legitimacy, that is, to establish the reasonableness of the administrative licensing and the implementation of the legitimacy and rationality of the administrative licensing and legitimacy.From the license terms of the rationality of the establishment, although by increasing the efficiency of urban public transport systems, encourage the use of public transport, to change the backward town planning, construction of urban roads to enhance traffic management capabilities, to solve traffic congestion problem is the fundamental method But in Shanghai, the current road between supply and demand for vehicles is becoming increasingly severe circumstances, the availability of resources to establish a certain road is reasonable. From the legitimacy of the establishment license, the license plate line auction system in Shanghai is the legal basis for local laws and regulations, but the system has a direct impact on citizens and property right-of-way driving, driving right-of-way and property rights are fundamental rights of citizens, local authorities the right to limit the fundamental rights of citizens. In this regard, said the amount of motor vehicle license permit is illegal. However, the main body of the administrative license, the content of expressions in terms of analysis, the permit must also have legitimacy. Permission from the implementation of the reasonableness of the terms of issuance of license plate auction in the amount of high priority to make the successful bid, which allow driving privileges of the rich became current, and drive traffic right to belong to a part of civil liberties, citizens, irrespective of the rich and the poor should be equal access, even if the public interest because of the restrictions must be necessary, but also the way to equality constraints, the additional money should not the standard. However, the auction market approach to allocation of social resources, an increase of government revenue, there is the rationality of its existence. Permission from the legality of the implementation of the terms, according to "Administrative Licensing Law," the provisions of Article 58, only the laws and administrative regulations can be set to a matter of administrative licensing fee, currently our country laws and administrative regulations can not require payment of license plates plate when the amount of fees charged. Therefore the amount of license plates issued through the auction to permit the applicant to collect license plate auction fees are illegal. However, the author of "Administrative Licensing Law" for law and analysis, and structure of the legislative intent to explore and interpret to display a license plate auction in the amount of the legality of payment.This article attempts to describe the objective to demonstrate the complexity of the problem and tend to think, as a strong regional characteristics and the stage of public policy, the amount of motor vehicle license auction system there is the rationality of its existence and legal of the basis. Although the amount of motor vehicle license auction system and the legitimacy of the reasonable question of doubt must exist, but merely as a traffic jam at the seriousness of the situation reached a certain stage of the implementation of the major cities initiatives, there is the value of its existence, but how to improve The system also needs further study. Of course, I admit to fundamentally solve the problem of traffic congestion, motor vehicle license auction system lines are powerless. Want to rely on the final analysis, improve the urban planning, the implementation of bus priority principle, vigorously develop urban public transport, such as the development of three-dimensional traffic network required the Government to increase investment and improve the capacity of city's long-term traffic management measures.