The Administrative Law Regulation Of The Ban On Motorcycles And Limit In Electric Cars

30 years of reform and opening up,China's economic and social development has been rapid,motorcycles,electric cars and private cars ownership are growing rapidly.Followed by traffic congestion,urban traffic pollution and other issues.Therefore,the major cities to develop a ban on electricity restrictions policy to regulate electric cars and motorcycles."Ban motorcycles" produced in the eighties of last century Beijing,after the expansion to the major cities nationwide,the control measures for motorcycles are also upgraded from restrictions to forbidden."Limit the electric cars" produced in the "ban motorcycles",can be said to be "ban motorcycles" inheritance and development,are the control measures for such small vehicles.The government believes that motorcycles and electric cars lack safety precautions,destroying traffic order,affect the city image,resulting in urban environmental pollution,so as to develop ban on electricity restrictions policy.But the ban on motorcycles and limit in electric cars on the lives of citizens a great impact,and damage the legitimate rights and interests of citizens,there legitimacy and effectiveness are questioned.We use the method of theoretical analysis and empirical analysis in this paper,analysis the Legal and Actual Defects in banning motorcycles and Limiting the electric cars.Firstly,analyzing the theoretical basis and reasons of the ban on motorcycles and limit in the electric cars,and respond to questions.We consider the legitimacy of the ban on motorcycles and limit in the electric cars by the basic principles of administrative law,from the perspective of the law itself to seek regulation.Secondly,i believe that should also be achieved from the perspective of administrative objectives,Strictly regulate the procedural requirements of this major administrative decision,make it conform to procedural justice.Lastly,by drawing on foreign traffic management experience,basing on the objective situation in China,Putting forward regulatory measures.The logic of writing is to first recognize and prove the necessity of the existence of road traffic control,and then look at the defects of legitimacy from three aspects:form,procedure and essence.Finally,puts forward the regulation idea.The first part of the paper analyzes the theoretical basis and necessity of the existence of banning power,and analyzes the existing problems,The second part of the paper consider the legitimacy of prohibiting motorcycles and limit electric cars through the basic principles of administrative law.The third part combines relevant subject knowledge and extraterritorial governance experience,Strengthen the management of motorcycles and electric vehicles and give priority to the development of public transport.To the objective needs of social development and administrative objectives of the good results as a starting point,pay attention to public interest and personal interests in order to achieve justice,justice and order.