The Research On Road Wayleave In China

With the rapid growth of the motor vehicle population and the road mileage surge in China,the issues of road passing are becoming increasingly significant.As one of the important concepts in handling the road passing problems,wayleave is closely bound up with everyone's vital interest.As a result,conducting a research on the concept,scope of application,operation theory and the elements related is of vital importance.According to the comprehensive analysis on the origin and development of wayleave as well as the related theories and practice at home and abroad,this paper came up with the basic definition of wayleave.Namely,wayleave is a basic right based on the constitutional right in the contemporary times,which can realize the sufficient,balanced,and orderly development of road passing individuals by safeguarding the road passing activities.This paper made an extensive discussion on the concept of law,scope of application and by investigating on the wayleave from the subjective factors of incentive,purpose,and cognitive competence as well as from the objective factors of actions,means and results,the concept of wayleave is embodied.Under the guidance of the discourse theory,the application scope of wayleave is confirmed in the issues of the practicability,morality,ethics-politics and pure law;in the light of basic right theory and human right theory,the value of wayleave is explored in the areas of constitutional right and human right.In response to the problems occurred in the road passing,this paper proposed informal suggestions of people self-legislation and public domain focus and it introduce the theories of procedurals of paradigm of law,the right origin and the operation process of wayleave were optimized;In the end,this paper put forward some specific perfection promising on the formulation,protection and application of the road passing right legal system.i.e.,in terms of law formulation,improving the legislation aim,improving the formation and collection of public opinions,and shaping the due process of law.In terms of law protection,taking measures to enhance the awareness of people's road passing right and safeguarding its implementation.In terms of the application of law,proposing the suggestions on fully protecting and fulfilling individuals' ' right of life,right of health,right of property,right of development and sufficiently fostering and carrying forward wayleave morality.At length,making wayleave a clearer and more accurate definition,a rich value connotation and a better practicability.