A Preliminary Study On The Ownership Of Automobile Plates And Quotes

In recent years, automobile plates related cases have been emerging one after another, especially in debts, marriage, inheritance and those which involve property disputes. A lot of courts tend to make the sentence by processing vehicles with plates, or through mediation, but it’s difficult to become precedents. Sometimes even if the court confirms the property ownership, it cannot be changed. This paper is to analyze the auto plates, from the obtaining of the auto plates to the judicial analysis of the ownership, and find out the essence of the problems. Furthermore, this paper proposes a solution through legislation to make clear the position and ownership rights of the auto plates, and designs a system on how to exercise and protect the rights, on the purpose of thoroughly solve the disputes which caused by auto plates, and provide ideas and reference for the protection of the similar public resources.Auto plates vary from appearance. The printed numbers and symbols on the surface show the information about where the owner of the vehicle is from, the name of the owner and the registration number. It’s the measure that the government carries out the administrative management on the vehicles and the content of the vehicle registration. In China, the registration of the vehicles and the distribution of the auto plates accords to the law of the People’s Republic of China on Road Traffic Safety Law, the law of the People’s Republic of China on Automobile Plates( The Standard of the People’s Republic of China on Public Security GA36—2007), and related laws, regulations, rules and standards. In order to achieve the different management goals and meet the varied management requirements, auto plates are classified according to registration locations, subjects, purposes, etc. It provides the managers with convenience, on the other hand it provides platform and basis for the granting of the special rights on the use of the vehicles.In addition to meet the requirements of the governmental management on vehicles, the vehicles registration at administrative organization is also a behavior of property registration according to China’s Property Law, which is an administrative behavior that has judicial form force. Therefore, auto plate is not a simple piece of iron sheet, it is endowed with various functions.To explore the rights of auto plates, it’s necessary to start from the source. Through exploring the source of auto plates, we find out that it’s achieved and obtained based on administrative behavior, no matter from the management requirements, or the main body to grant right. Take an example of the auto plates in Shanghai. There are two parts in obtaining the rights of auto plates. The first part is the rights for the owner of the vehicle to drive it on the roads, which means the rights to use the vehicles. Besides the ownership of the vehicle, this part of rights is based on the administrative behavior of common administrative permission. The second part is the rights for the owner of the vehicle to drive on limited roads in the city center, which means the privilege to use scarce public resources. Besides the rights of the first part, the second part is based on franchise administrative behavior.But now, because of the confusion between the two parts of the rights of auto plates, the franchise of the auto plates has no law to abide by, and it’s not covered by common administrative permission in public cognition. Sometimes it becomes the precondition of common administrative permission, which causes many disputes involving auto plates. Furthermore, it has caused doubts on suspicion of the illegal auction of the quota of the automobile, the illegal adding permission conditions in local regulations, the violation of Property Law in automobile quota management.However, behind the controversy and doubts, auto plates(quota) do have a series of features from property right characteristic. Auto plates(quota) should belong to the category of judicial protection from its value and property attribute, as well as its attribute that pursues the using value of objects(based on the utility of public resources).Therefore, this paper tries to establish the franchise of the road transportation rights in restricted areas in the city center, and proposes a suggestion to solve the disputes by legislation based on the above study. By citing the Legislation Law and Administrative Permission Law, this paper analyzes the feasibility of establish the franchise of the road transportation rights in restricted areas in the city center by legislation. It also analyzes the feasibility to establish and protect the property rights from the perspective of legislation. In the end, this paper proposes the following three legislative suggestions, setting up franchise in local legislation, legislation on the utility and management of public resources and enhancing the Property Law.Although legislation can thoroughly solves the disputes caused by the auto plates, its process is quite long. Right now solving these problems is imminent, legislation is good but it cannot solve the emergencies. The priority is to find a transitional solution. Therefore, in order to amend the lack of legislation temporarily, we can try to suggest a judge to form a solution which based on the current condition from the application of law while suggesting legislation.Considering the specialty of auto plates(quota), establishing the franchise of the road transportation rights in restricted areas in the city center by legislation can be regulated, protected and it can exercise its rights under the civil rights protection system in practice, but it’s still slightly insufficient to protect its personality. Therefore, this paper attempts to put forward a series of system on exercising the protecting the auto plates(quota) rights. The system for exercising rights includes obtaining the transportation rights in the restricted area in the city center, changing and transferring the transportation rights in the restricted area in the city center, eliminating the transportation rights in the restricted area in the city center, registering and publicizing the transportation rights in the restricted area in the city center, etc. The system for protecting rights includes requesting for the property rights of the transportation rights in the restricted area in the city center, requesting for the debt rights of the transportation rights in the restricted area in the city center, etc. In exercising the rights, this paper creatively puts forward the main body specificity, the time limit of the rights and a special system of tradability and inheritability, in order to solve the problems which are obtaining the auto plates once and for all, the high vacancy rate and the uneven allocation of public resources. This paper puts forward annual cascade acquisition system of the rights. Giving full consideration of the congestion on the express way of the city center in the rush hours, owners of the vehicles can obtain the transportation rights in the restricted area in the city center according to the actual needs. When freeing from the constraint which is no automobile quota cannot obtain automobile plates, market-oriented auction should be proceeded. Combining the annual cascade acquisition system and the elimination system of rights limit time, the value of the transportation rights in the restricted area in the city center will be more reasonable. It will meet the demand of the public interests according to the needs. Furthermore, aiming at the existing auto plates, this paper also provides tentative plan for reference.This paper hopes to eventually solve the present problems and disputes through the study of auto plates ownership, and offer some reference for the transportation management. Furthermore, it hopes to offer beneficial reference to the protection of the using rights of the allocation of public resources by clearing the ownership of auto plates.