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Analysis On Administrative Law Of Restriction For Fundamental Rights Of Citizen In Urban Governance

Posted on:2020-08-21Degree:MasterType:Thesis
Country:ChinaCandidate:M R LiFull Text:PDF
GTID:2416330590993338Subject:legal
Abstract/Summary:PDF Full Text Request
Since China's reform and opening up,on the one hand,urbanization has made remarkable development,but on the other hand,traffic congestion,haze and other problems have also followed.In order to solve the problem caused by urban development,many local governments have introduced measures to restrict the number of motor vehicles.These restrictions will have a profound impact on the "non-derogable" basic rights,such as citizens' property rights and the right to drive,which will inevitably involve the game between public interests and private interests.This is a problem that the government needs to solve in time in urban governance.In today's comprehensive promotion of the rule of law,the people-oriented concept of urban governance continues to develop,and the awareness of citizens' rights continue to strengthen,which puts forward more stringent requirements for the administrative act of the government.Across the country,most governments have long simply relied on vehicle restrictions to tackle smog and traffic congestion.Is there any suspicion that the government is lazy? Under the cover of public interests,the government abuses its power and infringes upon citizens' property rights,and the risk of its decision-making power being abused increases greatly.In view of this,this paper is divided into the following levels: first,through a basic overview of the motor vehicle limit measures,master the contents of the limit measures.Then,from the perspectives of legality,rationality and procedural legitimacy,this paper analyzes the current vehicle tail number restriction prevalent in cities across the country,hoping that the public can form a rational cognition of the current vehicle tail number restriction.Finally,reasonable suggestions are put forward to solve the problems,hoping that relevant governments can adopt more alternative plans in urban governance and promote the modernization of the rule of law in China's society in the new era.
Keywords/Search Tags:Motor vehicle restriction, The public interest, Civil right
PDF Full Text Request
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