An Analysis Of Administrative Law Of Motorcycle Limits

For a long time, haze has been a thorny problem. Therefore, the administrative ability is greatly judged by the role how government plays in dealing with that problem. However, it is regrettable to find that local governments rely more and more on motor vehicle restrictions. This is totally superficial, for the haze problem is solved at the expense of private interests. The root causes of this phenomenon involve sloth administration and government’s deficiency in decision-making mechanism. Motor vehicle restrictions are related to a game between the public and private interests. Moreover, the need of the public ones is often regarded as the solidest reason why the administrative power can intervene in the private sector. Under the cover of the "public interests" measures relating to motor vehicle restrictions cannot ben regularized effectively and the risk of abusing administrative powers is largely increased.The 4th Plenary Session of the 18th CPC Central Committee proposed to complete mechanisms for policy-making according to the law. It took as its statutory procedures for major administrative policy decision by public participation, expert argumentation,risk assessment,legality review and collective decision. Under the background of haze treatment, announcing a measure to effectively regularize motor vehicle restrictions is for its sake. Therefore, we should redefine the nature of motor vehicle restrictions from the perspective of administrative law. This thesis argues that haze treatment itself sheds the blood of the public interests, but it doesn’t mean the absolute priority of the public interests, because it has to balance the private ones. Therefore, along with the announcement of motor vehicle restrictions, it should be strictly practiced according to the administrative decisions, strengthen its regulation by administative law and establish the mechanism for information transparency.This thesis gathers legislative documents of Beijing and other cities. It takes those documents as examples in analyzing the overview of motor vehicle restrictions under the background of haze yreatment, then interpret them from the perspective of administrative law. As to the nature of motor vehicle restrictions, academic circles and pratitioners are of different opinions. On one hand, it is regarded to the category of abstract administrative act, on the other hand, those restrictions are a mixture of rigid enforcement and flexible induction, a game between the public interests and the private ones, as well as consideration between scientific policy-making and sloth administration.During the discussion of legitimacy of motor vehicle restrictions, this thesis is developed on the comparison between formal legitimacy and substantial legitimacy. In the analysis of formal legitimacy, it exponds the necessity of law in motor vehicle restrictions from the basic needs of preserved laws and regulations. Furthermore, it takes the Beijing city as an example in analyzing its legal merit, which is mainly based on the 39th item of the Traffic Safety Law of the PRC and the legal merit of Beijing’s motor vehicle restrictions. In the analysis of substantial legitimacy, the biggest dispute lies in the propriety of motor vehicle restrictions comparing with its purpose, and whether it can minimise harm and maximisr benefit. As to the solutions, it can draw on the advanced foreign experience in haze treatment and takes other alternative measures. In the analysis of procedure validity, the problem lies in the transparency deficiency of motor vehicle restrictions in procedures, methods and reasons. In order to solve this problem, it should ask advice through public participation, plan hearings timely and organize expert argumentation. Only in this way can we solve the problems concerning the legitimacy and validity of motor vehicle restrictions under the background of haze treatment.