The Legal Attribute And Regulation Of Motor Vehicle Licensing Act

Motor vehicle license has an important role and significance on the supervision andmanagement of the motor vehicle. In some cities, a variety of reasons, such as theroad-resource’s constraints and scarcity, the motor vehicle’s exhaust pollution and so on,have made the vehicle license commit a function and role which should not be assumeditself, and triggering a series of social problems and legal issues. Motor vehicle licenseitself does not meet the meaning and the characteristics of the public resources, so it doesnot belong to the government as public resources. The issuance of vehicle license platebelongs to the range of the Administrative Licensing Law Article12, first paragraph,"issues that are directly related to national security, public safety, economic macro-control,ecological and environmental protection, and activities which are directly related topersonal health, to life and property-specific, should be approved in accordance with thelegal conditions." The issuance behavior of the motor vehicle license should be classifiedas ordinary license, one of the administrative licenses, rather than administrativeconcession, therefore it should not limit the number of motor vehicle license, and auction isalso not allowed. Cities like Beijing and Shanghai do have some unlawful andunreasonable behaviors in the issue of motor vehicle license, they should take other legaland reasonable measures to solve the problems of traffic congestion and traffic pollution ofthe environment, to make the motor vehicle license issue return to nature, administeraccording to law, making the government’s control on the motor vehicle license legalityand rationality.