Study On The Legitimacy Of Motor Vehicle Restriction In Administrative Law

With the development of economy,the number of residents of motor vehicles in our country has continuously increased,which has brought a series of social problems,such as the growing problem of traffic congestion,which has made the air pollution worse.In this context,the vehicle restriction measures came into being.The restrictive measures of motor vehicles are administrative behaviors in terms of their nature and should be adjusted by administrative law.The study on the administrative law of the vehicle-limitation measures will help deepen the understanding of the specific issues and disputes in this measure,and provide a solution for future improvement of measures and resolution of differences.Based on this,this article analyzes the restriction of motor vehicles from the perspective of administrative law.The first chapter of this thesis elaborated the concept,implementation background and specific measures of motor vehicle restriction in the first chapter,so as to obtain a preliminary understanding of the basic overview of vehicle restriction measures.The second chapter analyzes the legal nature of motor vehicle restrictions.The restriction of motor vehicles is an administrative act made by the government.According to the classification of administrative acts,it is an abstract administrative act.At the same time,motor vehicle restriction measures limit the use of motor vehicles by motor vehicle owners within a certain time and scope.It imposes restrictions on its use rights,and it is essentially a restriction on the property rights of motor vehicle owners.Limit the validity of motor vehicles.Firstly,the analysis of the legality of the restriction of motor vehicles is mainly based on the basic requirements of the principle of legal preservation to analyze whether the vehicle restriction measures need legal basis,and then analyze whether the vehicle restriction measures have legal basis.This is mainly based on the The "Traffic Safety Law" and the "Air Pollution Prevention Law" are used for analysis;secondly,it is analyzed from the perspective of procedural legitimacy.It mainly analyzes the public participation in the implementation of motor vehicle restriction measures;and thirdly,it is from the ratio.The analysis of the appropriateness of its content from the principle point of view first elaborates the basic requirements of the proportionality principle,and then analyzes whether the vehicle restriction measures are in line with the principle of proportionality.The main controversy is whether the purpose of the vehicle restriction measures is appropriate and whether it meets the necessity.Principles and legal interests are balanced.The administrative law study on the restriction of motor vehicles can better protect the rights of the public and result in a more harmonious and democratic society.