Research On Legal Regulation Of Official Vehicles In China

Public transport system,a general term for official vehicles which had to observe the use,the management and many other standards,rules and regulations,it provides not only the subject range of the use,configuration, management and other content of the official vehicles,but also covers the legal purchase,management and other aspects of a series of rewards and punishment system in the process of operation of the official vehicles.A proper public transport management system is not only the precondition to build a sunshine and transparent government,but also the guarantee to improve the public power of government,in the same time it has important theory meaning and practice value.In this document,through the analysis of relevant theories on public transport management laws and regulations,conducts the research to the domestic and foreign public transport system.obtained some constructive advices to improve the public transport management system in our country.The document is divided into four parts.The Part one is explanation of official business vehicles and the correlation theory. It includes the official business vehicles.The system of official business vehicles’nature and characteristic. First, article defines the concept of official business vehicles:The official business vehicles is the government cars which use for official duties,it fall into ordinary official business vehicles and law enforcement cars.The system of official business vehicles is generic terms of using and management about government cars. Then, it has the features of budgeting and grade deploying. The system of official business vehicles needs to reform and perfect due to the economic development. Last, it reads about the laws of official business vehicles the reformation of1990to2008made the system of official business vehicles’formation.The part two is about the law analyze of foreign official business vehicles. It analysis the law and the system about government cars of The USA、India、Germany. We can get enlightenment from the law analyze of different countries:first, we need to precede the management of budgeting and purchasing, majority countries have financial budget examination and approval system. The union centralized purchase after the budget past. We also need to strengthen the management of equipped with use, form supervision system by formulating systematic regulatory framework of official business vehicles. Put an end to happen the bad phenomenon such as private. Strengthen the supporting policies and measures, learning foreign countries encourage the low-level civil servants to take full advantage of social and personal resources to solve official cars need to measures to improve efficiency.The third part is to analyze the problems existing in the legal regulation system for public transport in our country, due to the backward management mode, make the bus corruption problems such as outstanding. One is the separation of ownership and use right leads to the bus to abuse. The lack of supervision and make originally used to improve the efficiency of bus became a minority of car, In the process of using and substance in the form of the privacy co-exist become a difficult problem in the use. Chinese traditional culture makes some officials to produce the bus is the idea of "car". In this kind of privilege and ranking of culture under the influence of consciousness, many officials are chasing each other, competing consumption, purchase, configuration luxury buses. This explains why so many civil servants an illegal car. The cars’direct of reveals the cause of many illegal transport phenomena. Second, the public transport management system is not sound in China. Work in our country at present not a unified control and constraint official car of the law, Work in our country at present not a unified control and constraint official car of the law, Mainly embodied in the government fiscal budget bill not complete、Strictly control mechanism lack of funds outside the budget.The head of the fiscal expenditure decision mechanism is not scientific. Three is the official vehicles equipped with system level lead to the waste of resources. Four is the lack of official vehicles supervisory review. Five is the use of illegal punishment execution is not on the official car.The fourth part is the suggestions to the legal regulation of public transport in china. The first is to strictly limit the scope and number of official vehicles use. Second is to improve the provisions on the administration of examination and approval, official vehicles. The competent departments clear official vehicles equipped with, the centralized and unified examination and approval system, by specialized departments purchase; each index on the cars to make uniform provisions hard;to implement fixed-point refueling, fixed-point repair. Strengthen the examination and approval procedures. In approving the official car budget allocation standard, according to the execution. Third is to strengthen the supervision and examination of execution. In the "power" to "right restricting power," restrict power with power, public opinion, moral restriction of power. Fourth is the scientific setting:standard and scope. The scientific and rational determination of subsidy standards, the scientific and rational determination of subsidy standard, car stickers issued to and auctions simultaneously, monetary reform to suit one’s measures to local conditions.The fifth is to increase the punishment.Accountability law nationwide,clear accountability subject,the scope and the content of accountability,the establishment of the administrative public interest litigation system.