| Motor vehicle driver training and examination is the first pass, the first line of defense, and hundreds of millions of people's production and life and property safety is closely related. At present, the number of motor vehicle drivers in China has exceeded 300 million, the first in the world, is expected in the next 10 years, this number will continue to grow at a rate of about 20000000 per year. Shenzhen, Yunnan, Nanjing and other cities also appear constantly because of "self direct test is not accepting the vehicle administration caused the administrative lawsuit, dispute reason is because the laws and regulations of the state, and there is no clearly defined to learn driving skills must be completed in a driving school, but provisions" motor vehicle driver training to implement socialization ", and the masses for motor vehicle driver's license" self-study straight test voice is getting higher and higher.But from the point of view of the actual conditions for coaches, coach cars made in accordance with the law if not through the driving school is impossible, because the only driving school with learning ramp starts, curve of travel field driving skill of actual conditions. Moreover, once the legitimate modified coach cars and has qualified coaches accompanied by members of the road to learning driving may bear legal responsibility is quite serious. By the masses of the people for the rapid growth in motor vehicle driving license of the huge demand, Internet plus the arrival of the era of science and technology, information, and the old mode of driving test of legal steps of contradictions and conflicts, fully prove the motor vehicle driver training and examination mode has been unable to meet the needs of the current era of the rule of law, and people's requirements for "self test" voice and look straight.This paper from Shenzhen, Nanjing, two typical administrative litigation case of looking at the essence through the phenomenon, direct current our country test mode in the legal relationship of conflict, in-depth analysis of the status and problems of the test model, and introduce the common two test mode, Hong Kong is the American model as an example, and comes with the France, Germany, Britain and other countries and regions of the characteristics of the practice aims to explore a suitable for the driving test reform of China's basic national conditions and the needs of the times. This paper focuses on how to reform and perfect our country's motor vehicle driver training and exam mode, from the three aspects of security system, infrastructure facilities, service and management to conduct a detailed study of the, to ensure "self-study straight test reform can be truly implemented.In this chapter, mainly from the system security, supporting measures, management and services to talk about the three section: the first section of the security system. Concrete from the general idea of reform and policy guarantee and legal level security three aspects:, "self direct test is a test model of full implementation of the rule of law, the concrete manifestation of administration by law, general idea is to promote decentralization, combined with the discharge pipe, optimization services, adhere to the problem-oriented, to reform as a driving, facilitating the driving training open market competition, driving test fairness, service convenient and efficient management, and continuously meet the people driving training and examination requirements, continuously improve the driving quality of training and examination, efforts to maintain road traffic safe, civilized and orderly. Second, in terms of security policy to grasp five key points:open, open to accept the social supervision, to ensure a fair and impartial; open to speed up the transformation of government functions, integration of social resources, improve the supply capacity; decoupling, break the barriers of departmental interests and firm decisions or bright or dark the interests of the chain; convenient, giving students more independent choice of the right of the right, better convenience Limin; safety, improve the quality of training and examination, the source of good road traffic safety.Three, in the legal guarantee to do not violate the constitution, not in violation of the upper law. First of all, to re-examine the existing laws and regulations on motor vehicle driver training and examination, there is no need to add, wrong to change, to develop and modify the pace as soon as possible. Secondly, local governments should be combined with the local actual situation, in does not violate the upper law, and under the premise of the complement each other between departmental rules and formulate local rules and regulations to refine and guarantee "self-study straight test using" smooth implementation. Second measures matching. In this section is mainly from the coach's qualifications, the transformation of the coach car, learning venues and roads to provide three aspects to talk about:first, must strictly guard the quality of coaches. Must first coaches has many years of driving experience, no record of bad conduct, law-abiding; must obtain the corresponding or higher quasi driving type driver's license for years, no drugs, narcotic record, healthy, well behaved, never happened to drive a motor vehicle fatalities or serious injuries of traffic accidents are caused, not written with 12 points or driver's license was revoked record, no criminal record, not by the detention or administrative punishment and criminal punishment. Government should actively explore the construction, build a for self-study straight test students the freedom to choose coaches of public platform and maintenance management of the platform, by means of market survival of the fittest, let the coaches of having both ability and political integrity to stay, so that does not meet the specification requirements of the coaches left, so as to ensure the legitimate interests of the students, but also to protect the social public interest of effective measures.Two, to solve the coach car rental and modification. Two ways:first, through the establishment of a social coach car rental agencies, to hire a coach car. The rental coach of the agency must be separated from the administrative departments, really do learn to test the separation. Two is to allow the vehicle after the necessary modifications to the use of direct test. From small cars, small automatic car began to gradually, in the vehicle registration to Che Kwun the retrofit and registration, teaching vehicles must install the auxiliary braking device, auxiliary mirror and other safety auxiliary device, to be installed after the motor vehicle safety and technical inspection is qualified, and shall be insured traffic accident liability compulsory insurance, depending on the local actual situation and is part of the cast of commercial insurance, Che Kwun approved after can be put into self-study straight test students to learn and use. Three, to solve the problem of learning site and route planning. Field driving skill must be carried out in enclosed spaces, driving many subjects in the second compulsory items such as ramp starts, lateral parking, right angle turn, curve, need on the site prior to professional paint is applied, many obstacles, personal self training do not have such conditions, only on loan driving venue or exam simulation. The planning of the study route must be strictly audited by the public security organ traffic management department. Under the premise of ensuring safety and reducing the influence of traffic, the route and the time of learning and driving are specified, and the starting point, the end point, and the obvious indication sign of the starting point and the end point of the learning and driving are allowed. In route planning should avoid in highway, urban expressway, school and hospital of the surrounding road and other people gathered more or dangerous terrain sections set learning path, strict control of the morning and evening peak hours, night time learning time, ensure the normal traffic order and public safety. Third section management and service. In this section, mainly from the traffic control department for illegal teaching staff and teaching breaches vehicles increase investigate reasonable disposal of efforts, teaching vehicle traffic accidents, vehicle management, how to use scientific and technological means to improve service quality and strengthen the examination related personnel impartiality, low-cost clean supervision and management, and Department of transportation as driver training department in charge of industry for how to manage the driver training market, improve the culture quality of the opinions and suggestions related to driving. At the end of this paper, problem oriented, driven by reform, to a legal workers, administrative law enforcement and seek truth from facts, truth-seeking and pragmatic attitude for our country motor vehicle driving training examination system reform and offer advice and suggestions, the reform has brought good news soon spread across the country in order to in the reform. |
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