Analysis Of The Law Of City Auto Purchase Limit

With China’s rapid economic development, people’s living standards continue to improve, theformer luxury car necessities has been changed to the lives of ordinary people, China has also become the world automobile power. With the increasing number of cars, the traffic jamproblem appeared a lot of city of our country, it is foreseeable, along with the growth of our economy, our country must continue to increase the number of private cars, city traffic pressure big. In order to solve the city traffic congestion problems, many governments haveintroduced the auto purchase limit policy, and some have the phenomenon of traffic jam of cityalso has introduced the auto purchase limit policy intention. The dispute also followed, the public accused the auto purchase limit policy unfair, unreasonable, or even think that thispolicy is not legitimate, contrary to the law of market economy. It is in this context, the authorthink through research, analysis of City auto purchase limit policy is legitimate, whether reasonable, whether a reference is necessary and possible, there is a need to improve theplace.This article first to domestic car purchase situation to do a presentation, and then on thelegitimacy and reasonableness analysis is restricted to buy policy. Through the analysis, the author found that the implementation process of the auto purchase limit policy has two mainissues of concern, is a government issued car incremental index behavior, another purchase a car for a motor vehicle plate behavior. Through further research, the author know carincremental index is about city road use license, license plate of motor vehicle traffic safetylicense. City Road as a public resources can be the establishment of administrative license,and this license can be used with any means of fair competition to distribute, but now the majority of local government process in creating this permission not carried out according tothe procedures stipulated by law, the causes of these policy lacks legal basis in a certain extent. At the same time, the local government regulations on car incremental index usage mode is also consistent with the law of our country has certain conflict. Draws the auto purchase limit policy is a must not rule blocking measures have the conclusion, but this rule blocking measures are not the most reasonable rule blocking measures.Finally, the author puts forward several legal, reasonable and exercisable plugging scheme,that the government can not be forced to limit the purchase a car, but only the comprehensivemarket and other means to reduce people’s car to the governance of city traffic congestion;think car incremental index is a separate administrative license, should not and vehicle license plate bundle issuance; and put forward the government issued any measures, should bebased on laws and the protection of public participation in legislation of the opinion.