Legitimacy Review For Documents Of Motor Vehicles Traffic Restriction

In modern society,various conflicts tend to arise together.Government,as a conflict solver,bears important responsibilities in the resolution process of conflicts.How to balance the conflicts among all parties concerned becomes an important sign for measuring governmental governance capacity and modernization governance.A number of conflicts exist in the "movement" of motor vehicles traffic restriction in various regions in Henan Province.For different regions,there are great differences in the restriction purpose,restriction mode,restriction means and legal basis,etc.The measure of motor vehicles traffic restriction has given rise to a heated discussion in society.On the basis of the motor vehicles traffic restriction documents in some regions of Henan Province,the article focuses on issues such as motor vehicles traffic restriction legality,illegality and the way of solving the illegality to ensure legality,to carry out research and analysis in terms of condition,entity and procedure,thereby providing a reference for the scientificity and legality of government decisions.The article mainly consists of four parts,with details shown below:Part ? is the overview of motor vehicles traffic restriction.Through academic analysis and the research on motor vehicles traffic restriction documents,the legal attribute of “notice” of traffic restriction and the legal characterization of the contents of traffic restriction documents are explicated.“Notice” of motor vehicles traffic restriction is a kind of normative notice that has specified the rights and obligations.Such notice is a kind of abstract administrative act.Such abstract administrative act is neither administrative permit nor administrative requisition,but a kind of regulatory administrative requisition.Part ? carries out the angle of condition legality,based on the analysis of the number of motor vehicles and the influence of motor vehicle exhaust on air pollution in some areas of Henan Province,it is proposed that some cities have already met the social reality conditions for motor vehicle restriction.However,not all regions in Henan Province have motor vehicle limits.Piece.It is necessary to prescribe the right remedy for different reasons and adopt different ways of governance.Issuing motor vehicle limit notice is not the only way to solve environmental pollution.legitimacy review to the legal basis of motor vehicles traffic restriction in different regions and the basis for punishment against violations of traffic restriction documents in traffic restriction documents mainly from the perspective of formal legitimacy,through the collection of traffic restriction documents in 18 provincial cities and 10 provincial counties(cities)in Henan Province.Through the analysis of the relevant laws and the limitation of motor vehicles,the reasons for the disputes of motor vehicle limit documents are reconsidered and solutions are put forward.Part ? carries out legitimacy review to motor vehicles traffic restriction documents from the perspective of entity legitimacy.By analyzing the traffic restriction documents,relevant laws and regulations in various regions,and the substantial legitimacy of motor vehicles traffic restriction documents from the traffic restriction conditions,traffic restriction documents issuance subject and contents,the following conclusions are made.From the social conditions of traffic restriction,part of regions in Henan are qualified for traffic restriction based on the last digit of license plate numbers of motor vehicles.In addition,in terms of the legitimacy of issuance subject of the traffic restriction documents,the government and the traffic control department of the public security organ at or above the county level may issue traffic restriction documents with external binding effect.However,the crucial environmental leading group office as the deliberation and coordination agency is not qualified for issuing the normative document with external binding effect.Finally,in terms of the legitimacy of contents of the traffic restriction document,although the traffic restriction policy of motor vehicles conforms to the public interest,the public and private interest are not maintain balance.In order to balance them,citizens are encouraged to participate in the government management for independent judgment and choice of such interests.Part ? mainly analyzes the legality of procedural publicity,civic participation and procedural relief from the perspective of procedural legality.In the aspect of procedural publicity,all parts of Henan Province made publicity to a certain degree when they released the policy on traffic restriction.But the formulation of part of the traffic restriction documents in the beginning had a problem of deficiency in purpose and legal basis of the traffic restriction.Therefore,the publicity was not thorough.In the aspect of civic participation,all parts of Henan Province didn't ask for opinions of citizens and have hearings in any form when conducting motor vehicles traffic restriction.In the aspect of procedural relief,there is no clear legal provision for regulatory requisition in China,it can draw lessons from administrative expropriation in China's legal remedies.