The Research On Due Process Of Urban Road's Traffic Control

This study aims to facilitate due process to be embedded in the traffic control which is divided into four parts to be discussed in detail. The first section is the logic foundation of the whole thesis that supplied the cognition of institutional aspect which mainly included the connotation, extension and legal attribute of traffic control. It is worth mentioning that this paper chose generalized traffic control as object of study. Being established in the theory of public property law and administrative process, the second section reviewed traffic control which launched the preliminary discussion on this topic. The main argument is that urban road has rights include those of way-leave and enhanced using in the utilization process as public property. Although traffic control has character of public welfare, the current procedure has one outstanding problem—anomie which is not beneficial to right balance in the utilization process of urban road; the third section is the deconstruction of due procedure and demonstration in traffic control, providing a guarantee to further research. This section was concerned historical origin, implication and specification for the former while constitutional significance of due procedure on abstract and concrete level for the latter. With respect to the content, due procedure is a procedure paradigm contains benign interaction, orderly interaction and effective interaction.The last section is the conclusion of thesis that construct and draw the outline of due procedure in traffic control which mainly included reasonable limits, appropriate patterns and efficient system. Specifically, combined with the current legal condition in China, it is rational to choose a minimal due procedure as standards of constructing. In addition, concrete system constructing need to be conducted in a open, actively participating and just system model.