The Legal Analysis Of The Policy Of "Restricting Car Purchase"

In recent years,vehicle holdings of private cars rise substantially in our country,at the same time,the heavy traffic and the environmental pollution become even more violent.According to each related city of government response officially, in order to relieve the pressure of the current urban heavy traffic and improve the city’s worsening environment quality,assure the normal and orderly of the public environment for people, Beijing, Shanghai, Guangzhou, Tianjin and other cities in China have been introduced the city policy of "car purchase"."Car purchase" policy shall conform to the principle of administrative legality and rationality as a reflect of the abstract administrative act, Administrative legitimacy principle requires administrative subject shall obtain the legal authorization, the implementation of administrative behavior should be based on law. Through the analysis of the policy of "car purchase", "car purchase" policy is in conflict with the protection of civil rights and the constitution and other laws,also against the constitutional principle of human rights protection and the request proportionality principle.How to ensure the usefulness of public policy, the relevant administrative organs should be anticipate in front of the public decision-making effect to its reasonable expectations, and obtain its legitimate basis of asking for public opinions. Cities such as Shenzhen, Hangzhou’s "car restrictions" as an example, the process of the law and its implementation exist disrespect for public opinions and ignored the authority of law, the result of the policy practiced led to a variety of negative social effects. In view of this, to change the current situation, to make public governance well, only set up and improve the unconstitutional reviewing and illegal supervision mechanism.The purpose of constitution is to maintain the people’s basic right to equality and freedom, and good law is the fundamental guarantee to realize human rights. "Car purchase" policy law effectiveness level is too low, and with many superior laws deviating, not only that,but also some rules are not based on any legal authorization, all of which go against the basic requirement of constructing socialist society under the rule of law. To resolve the legitimacy of the dilemma, "car purchase" policy should first clarify its host law basis, make policy strictly in accordance with the law; Secondly, follow the principle of human rights safeguard and the proportion, realize the harmony and balance of the private rights and public rights; Finally the participation of the general public rights should be respected, to make the public policy of government more democratic, scientific.