Research On The Legal Problems Of Traffic Signs

Today's social traffic signs have been widely used in administrative law enforcement and have become an indispensable part of traffic administrative law enforcement.There are more and more legal disputes caused by traffic signs.Judges have different attitudes toward such cases,but most of them ended up losing the plaintiff.Through the analysis of three different types of cases,the legal problems of its existence can be obtained,that is,the classification of traffic signs is unreasonable,the legal nature of traffic signs is not clear,and the relief of traffic signs is lacking.The undetermined legal nature of traffic signs is the root cause of disputes that cannot be effectively resolved,and it is also the most fundamental legal issue in the existence of traffic signs.The classification of traffic signs is the basis of the study of its legal nature.At present,the classification of academics in Taiwan is not consistent with our practice and needs to be re-identified.Therefore,the author divides the traffic signs into warning traffic signs and prohibited traffic signs..The identification of the legal nature of traffic signs is the premise of the correct choice of relief routes.The legal nature of traffic signs in the current academic circles has administrative disputes and regulatory orders.By comparing and referring to the two doctrines,the traffic signs will be banned.Defined as a general specific administrative act,indicating that warning traffic signs are administrative guidance.On the basis of redefining the legal nature of traffic signs,this paper proposes solutions to the relief of traffic sign disputes in judicial practice.If the warning traffic signs damage the relative rights and interests,the relative person may file an administrative lawsuit or apply for state compensation;When the administrative penalty case caused by the prohibited traffic sign is tried,if the relative person advocates that the traffic sign is not properly set or the traffic sign does not exist,the court may try it together with the administrative penalty case.If the traffic sign is illegal,the court cannot hear the case together.