Study On The Legislation Of Children's Riding Safety In China

With the rapid advent of the automobile age in China and the widespread use of motor vehicles,the contradiction of traffic safety for children travelling on motor vehicles is becoming more and more prominent,and the problems of hidden safety risks are becoming more and more obvious,it has become a serious impact on children's life and health and comprehensive development of the main factors.But at present,the legal theory circle of our country pays little attention to this research,the relative legislation work lags behind,the children's riding safety according to law management is faced with the lack of special legislation,the law principle disorderly,the normative,the operation is not strong awkward situation.It is urgent to carry out the legislation research on children's riding safety from the angle of law research,in order to provide the ideological approach and theoretical referencefor the construction of the legal norm system of children's riding safety in our country.This paper mainly focuses on the three elements of road traffic safety: "man","car","road",using the methods of literature analysis,normative analysis,construction method and other research methods,to sort out the current situation of the laws and regulations of children's riding safety in China in an all-round and detailed way.This paper analyzes the problems existing in the legal norms of children's riding safety in China.Focusing on the main problems existing in the legal norms of children's riding safety in our country,this paper makes a targeted investigation on the legislative experience and scientific legislative and technical methods of children's riding safety outside the territory.In order to do a good job in the legislation of children's riding safety and to construct the laws and regulations system of children's riding safety in our country,this paper puts forward some suggestions for realizing the path and amending the legislation.Specifically,in the introduction part,the author combs the official data of motor vehicles and motorists in China.The main modes of transportation which are prone to road traffic accidents and the typical major school bus accidents involving the death and injury of children's riding safety groups in recent years,according to the tight clasp,the analysis,and the solution of the main contradictions,identify the type of vehicle most prone to road traffic accidents: motor vehicles,and according to the above-mentioned official data published with children in the largest number of motor vehicles,the most prone to traffic safety accidents of the two categories of motor vehicles: families,personal small private cars and special school buses for children to and from school,to carry out a legislative study on the safety of children's riding in our country.In the first part,the author makes a distinction on the basic concept of children's riding safety,clarifies the basic meaning and scope of children in our country,the internal relationship between road traffic safety and children's riding safety,and the children's general right to ride safely.The role of special rights protection,the basic concept and internal meaning of children's riding safety legislation.In the second part,focusing on the "human" factors of children's riding safety,this paper analyzes the current situation and problems of the legal norms of motor vehicle drivers,school bus drivers and caregivers in our country.In the third part,focusing on the "car" factors of children's riding safety in China,this paper analyzes the current situation and problems of the legal norms of motor vehicle management,school bus management,and the use of safety protection and restraint devices for children travelling on the bus,and analyzes the current situation and problems of the legal norms for the management of motor vehicles in China.In the fourth part,focusing on the "road" factors of children's riding safety in our country,the author sets out the legal norms of road traffic safety order management for children's riding safety in our country.The status quo of the priority guarantee and special care legal norms of children's right tosafe roads of riding and the analysis of the problems.In the fifth part,focusing on the above-mentioned legal norms of "man","car" and "road" of children's riding safety in our country,the main legislative problems found are analyzed,and the related legislation of children travelling on the road outside the territory is investigated.In the sixth part,the author puts forward the way to realize the construction of the scientific legislation on children's riding safety,and suggests that in the revision and perfection of the basic law of child protection and road traffic safety,the guiding ideology and basic principles of ensuring children's riding safety should be clearly defined.Clarify the statutory duties and basic requirements of the competent department.In view of the existing legal norms on children's riding safety in China,such as vehicle driver comity,strict management of school bus drivers,illegal modification of motor vehicles and school buses,and operation of school bus safety norms,the main problems,such as the use of safety protection and restraint devices for children's riding,the harm to children's "poison driving" behavior in accordance with the law,the guarantee of children's priority road rights,and so on,are the main problems that are lacking and imperfect.Referring to the investigation of the legislation related to the safety of children's riding outside the territory,this paper puts forward the main ideas and methods to perfect the abovementioned main legislative issues in our country.Finally,some key issues,such as self-driving regulation,the legislation on the rule of law for children's traffic safety,and the prohibition of carrying children by motor vehicle drivers during the internship period,are considered and responded to the key issues in future legislation on children's riding safety.To sum up,although the legal system of children's riding safety has been initially established in our country,there are still some problems,such as scattered laws and regulations,vague and general contents,lack of standardization and operability,and so on.With the rapid entry into the new era of the popularization of motor vehicles in China,the problem of children's riding safety in accordance with the law has become more prominent.It is urgent to perfect and standardize children's riding safety from the legislative level,and to study and do a good job in establishing,reforming and abolishing the legal norms of children's riding safety.To make clear the basic principles of child protection and road traffic safety in the basic law on child protection and road traffic safety,and to do a good job in revising the basic principles of child protection and child priority,in response to the major omissions in legal norms,we should continue to improve and perfect the special legal system of children's riding safety protectionwhich is dominated by the Child Welfare Law,and promote the better development of children's rights protection in China in the new era.