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Legal Analysis Of Distribution And Restrictions Of The Right Of Way

Posted on:2018-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:Z GuoFull Text:PDF
GTID:2346330515953435Subject:Legal theory
Abstract/Summary:PDF Full Text Request
What is the right way? Generally speaking,the right of way is enjoyed in our daily life with the right of the road.In the daily traffic of human activities,the use of the right of way has gradually become an indispensable important link,is the people in social and economic activities is an indispensable link.People from walking times to clear the path to use is a natural birthright,and people with experience and rules to form a variety of habits and rules in the face of the traffic problem perplexing,especially the prohibited acts and related standards gradually rose to rational angle and road traffic the way to clear the final method,ensure the traffic participants comply with relevant content,and to exercise the right of legitimate traffic participants interests to provide a guarantee,but also lay a foundation for road safety and traffic efficiency guarantee.And then make some corresponding principles and rights gradually become an important part of the road traffic law.At present,with the rapid development of the global economy,the rapid development of automobile industry has brought great convenience for people to travel,improve the travel efficiency,saving travel time,but at the same time a series of problems such as traffic congestion and traffic accidents have also been widespread concern.Therefore,in this context,it is a challenge for the road traffic management department to make a better allocation of the right to use the road.Some cities in our country in the late last century,the implementation of the "hit the white hit" strategy,leading to public contempt for the right to life,triggering a strong social controversy.Then,for people to travel safety,the relevant departments issued a series of decrees limiting related transportation travel,caused more people to study the restrictions.Compared with the developed countries such as the United States and Japan,China's transportation system is not perfect,does not have the road traffic system of the automobile as the core,divide the hierarchy of right of way is slightly turbid,application of the basic principles and supplementary measures and popularity is not smooth.Although the relevant ideas and measures have been implemented in the traffic law and related management rules,but the relevant rules in the specific implementation process still needs to start from the actual situation of the current traffic.In this paper,the basic concept of the right of way and relevant contents are summarized,and the related research on the connotation of the right of way at home and abroad have made preliminary exploration and analysis to the actual situation,the current road traffic in our country as the foundation,preliminary clarifies the basic concepts and the relevant legal right system requirements.Then with the principle of the right of way of the carrier on the right allocation and restrictions for further analysis,by pointing out the existing right of way due to division of a series of road traffic safety problems,discuss the rightdistribution from the legalbasis,and to optimize the rightdistribution path as a solution to alleviate the "China cross" this problem;at the same time,analysis of restrictions problems facing today's traffic environment from the perspective of legitimacy and rationality,reveal China's restrictions take corresponding measures have been urgent enough,and to "public order" as a justification of cases in-depth analysis of the challenges and restrictions applicable.
Keywords/Search Tags:Right of way, The principle of right of way, Rightdistribution, Restrictions
PDF Full Text Request
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