Study Of China's Motor Vehicle Registration System

The " Law of the People's Republic of China on Road Traffic Safety " which became effective on May 1, 2004 for the first time clearly defines the system of the motor vehicle registration in china from the legislation aspect. It has made significant improvement to the former motor vehicle registration system. However, it is not yet perfect. In order to standardize the motor vehicle registration procedure, especially to further clarify the responsibility of the motor vehicle registration institutions in vehicle authority, this article redefined the concept of motor vehicle registration. Here the registration is considered to be the conglomeration of 1) corresponding to a citizen, a legal person or other organization's application, the motor vehicle registration department applies regulations on the vehicles to be driven on road according to the regulations; 2) the motor vehicle registration department provides service for the social public the related system. This paper has pointed out that currently, the study of the concept of motor vehicle registration is unilateral. The author argues that the motor vehicle registration has the dual property: 1) it is the confirmation to the vehicle property ownership, and 2) it is also the license of the vehicle to be driven on road.This article consists of four parts. The first part is the general analysis of motor vehicle registration. It analyzes the concept, the characteristic and the property of the registration from the definition of motor vehicle registration, and clarifies the dual property of administrative license and administrative confirmation. The second part reviews the historical development and the present situation of motor vehicle registration in china. By the analysis of the motor vehicle registration system's historical evolution in the country and the research of the current implementation, the author confirms that the motor vehicle registration system in china has already made considerable progress in terms of "administration by law". The third part analyses the existing problems in the present motor vehicle registration system, and points out that the main causes are, 1) the absence of the concept that the government shall obey the law and be responsible; 2) the overwhelming wish to only fawn on the superiors and the authorities; 3) ignoring the legal rights/privileges of the citizens; and 4) the interest of the local government, etc. These above have thus caused in the reality the actions that are not compatible with the concept of administration by law. The fourth part proposes the counter-measures based on legal legislation and the implementation. Using the method of diagnosis analysis with practice, and referring "the Administrative License Law of the People's Republic of China", the author analyzes six issues in china's motor vehicle registration system in the legislation and the implementation, and proposes corresponding countermeasures in consummating legislation, correcting illegal actions, fine-tuning responsibility and the perfecting system, etc.