The Limit From The Executive Power To The Ownership

With the development of our country’s economy and the rising living standards, People has higher requirement for the quality of their life. Public transit hardly meets people’s requirements. The bigger cities, the more citizens. More and more families have their private cars. But it also brings a big question, the traffic jam, the air pollution, for the governments. In order to solve this problem, many cities have issued the traffic restriction policies one after another. These measures have indeed improved the urban air quality and improved the traffic jam, but in the other hand, they also brought a lot of problems. The first to be affected is the measure to solve the conflict between the public power and the private rights.This essay taking the traffic restriction policy of Chengdu as an example, discusses the issue that the conflict about the public limiting private rights. Except the literatures review, this essay is divided into three levels. At the first, I clarify the legal nature of the traffic restriction policy of Chengdu. Secondly, I refer the theory of private property right limiting and the theory of priority of the public interest. As the government, what should they do facing the conflict of the private interest and the public interest. At the last, using the principle of legal reservation and proportionality, the essay emphasizes the importance of procedural justice.This essay selects a related case in order to find out a few of professional legal views. Although I have do my best to stand a higher place, because of my poor ability, the limitation of the essay is also obvious. The conflict of the private interest and the public interest is a eternal topic, what the governments have to face and solve.