Analysis Forbidding And Restricting Motorcycle With Administrative Law

Due to the rapid economic development in the past 20 years, both automobile industry and motorcycle industry are flourishing. With a rapid increasing in the number of motor vehicles, more and more motorcycles have appeared in cities, and have become a means of transport for lots of city residents, even a means of survival for low-income groups. However, together with enormous convenience, motorcycles have brought about some big problems. Urban traffic congestions, exhaust air pollution and noise pollution have become more and more serious due to the large number of motorcycles, the operation of public transport market and the order of urban road transport have been disturbed due to the fact that lots of motorcycle drivers stop randomly to take passengers, go into illegal operation, and do not abide by traffic rules, motorcycles also have been taken advantage by some people to commit crimes such as "Robbery, Forcible Seizure and Theft ", which have brought lots of negative effects upon the image of urban civilization. In order to maintain traffic order, to ease the traffic pressure in urban centers, and to enhance the city image etc., some local governments started to implement forbidding and restricting motorcycle: to prohibit or restrict the registration of motorcycle licenses, and to prohibit or restrict the use of motorcycles in urban districts or on some streets in these districts through the introduction of regulatory documents.Forbidding and restricting motorcycle has a tremendous impact on people's lives, and brings millions to attention. There are many people with motorcycles, thus forbidding and restricting motorcycle in the urban areas will increase travel costs of many urban citizens. Since the public transport is not perfect, forbidding and restricting motorcycle will also cause some inconvenience to public travel and inflict a negative effect on the motorcycle industry. This is why forbidding and restricting motorcycle is confronted with strong opposition from many urban citizens, and even law suits and conflicts. Therefore, we have doubts on such assertions that the legal basis for forbidding and restricting motorcycle is justified, forbidding and restricting motorcycle is in line with the basis principles of administrative laws, and able to ease the transport pressure and to enhance the image of cities.This article consists of three parts and intends to, through theoretical analysis and empirical analysis, prove that ban on motorcycle is not in line with the basic principles of administrative laws and is not a means of minimum infringement. Part 1 investigates the status-quo of ban on motorcycle in cities in China and summarizes the time, scope, modes and results of ban on motorcycle implemented in different cities. Part 2 analyzes ban on motorcycle from the perspective of the basic principles of administrative laws and comes to a conclusion that ban on motorcycle violates the principle of equality, the principle of proportionality, the principle of reliance protection, and the principle of due process. Part 3 draws on the experience of motorcycle management in foreign countries and proposes that China shall implement measures to promote the management of motorcycles but not forbidding and restricting motorcycle and only in this way can the balance between public transport and traffic management be achieved.