Study On Road Traffic Safety Problems And Improvement Of Administrative Legislation In China

In recent years, with the development of social economy by leaps and bounds in our country, our country’s highway mileage and civilian vehicle ownership has significant growth. At the same time, China’s frequent road traffic accidents, especially major workplace high in road traffic accidents is not small, all cars mortality compared with the developed countries there is still a large gap. In this social background, how to prevent and reduce road traffic accidents, road traffic safety management, safeguard the lawful rights and interests of the parties to a traffic accident is one characteristic of the administrative law research. This article is based on the perspective of administrative law subject, introduces the situation of road traffic accidents in recent years in China, after carding the current road traffic safety administrative legislation and research, summed up the main road traffic safety regulations provisions conflict, unclear stipulation; The traffic accident that behavior lack of relief way; Off-site enforcement difficulties; Such outstanding problems as road traffic law enforcement and supervision does not reach the designated position, and to solve these problems, puts forward the corresponding perfecting suggestion. Between this, this article is divided into four parts discussing the problems of road traffic safety in our country administrative legislation:The first part from the road construction of our country, the present conditions of civil car ownership, an overview of the road traffic safety situation in our country, at the same time, combining the statistical data of our major workplace accidents in recent years, the cause of traffic accidents, summarizes their human factors, road factors, environmental factors.The second part of the current administrative laws and regulations related to the road traffic system, it can be divided into road construction maintenance, road transport management and traffic safety class three plates, and chose the road traffic safety laws and regulations as the research object, this paper introduces the present situation of its legislation.The third part on the basis of the domestic research status, discusses in the existing system of road traffic safety administrative legislation of our country main existing problems, including part of the conflict of administrative statute legislation, regulation is not clear; Traffic accident is not clear that behavior nature, the traffic accident that behavior lack of relief way, traffic accident off-site enforcement difficulties existing in the handler, law enforcement and supervision measures to such problem.The fourth part in view of the gansu province problems existing in the current road traffic safety administrative laws and regulations, and similar laws in foreign countries as a reference system is put forward to strengthen the basis of the existing laws and regulations clean up and modify, clear traffic accident that behavioral properties for the specific administrative act, innovation supervision mechanism, perfect law enforcement responsibility system and other measures.