Administrative Law Research On The Quota Configuration Of Vehicle License Plates

Citizens purchase strong demand for motor vehicles,and motor vehicle ownership shows a rapid growth trend.In order to alleviate the serious traffic congestion,some cities have issued license plate quota allocation policies.With the gradual implementation of license plate limits for various modes,the legal nature of license plate quota allocation and its legitimacy have become one of the issues.Therefore,this paper starts with the exploration of the legal attributes of motor vehicle license and quota allocation,elaborates the form and substantive legitimacy of license plate quota allocation behavior,and discusses how to improve license plate allocation and quota system.Judging from the legal nature,the current allocation of motor vehicle license plates can be separated into two parts.Part of it is a registration system for motor vehicles that applies to all parts of the country.The other part is a quota system that is implemented in some regions.The legal attributes of the vehicle registration system conform to the constituent elements of the administrative license and should be administrative licenses;and the license plate configuration is one of the results of the license.It is a sign that has obtained the permit.The purpose of the permit is to allow vehicles that meet safety standards to go on the road and prevent vehicles that do notmeet safety requirements from getting on the road to ensure the safety of urban road traffic.The legal basis of the license is the first item of Article 12 of the Administrative Licensing Law and belongs to the ordinary license.The quota system is only implemented in some areas to ease road congestion.Its purpose is to allow licensed vehicles to drive in congested sections such as expressways in central urban areas during peak hours,and has the legal attributes of concessions with limited public road resources.The legal basis is Article 12(2)of the Administrative Licensing Law.Judging from the various modes of the allocation of quotas,the three domestic representative quota allocation models currently include: the Lottery model represented by Beijing,the auction model represented by Shanghai;and a hybrid model represented by Guangzhou.Through understanding the current implementation of these three configuration modes and based on the provisions of the Administrative Licensing Law,we will explore how the allocation of quotas should be configured as a franchise under just conditions and evaluate whether the three domestic quota models are legal.As the administrative license for quota allocation is a concession for the allocation of limited public road resources,according to Article 53 of the Administrative Licensing Law,it should be done in a fair competition manner,such as auctions.Currently,only local municipalities have taken the method of auction was used to allocate quotas.In practice,the acquisition of quotas was used in other regions as preconditions for applying for registration of motor vehicles.Permit conditions were added to violate the Road Traffic Safety Law and Administrative Licensing Law.As a result,the allocation of quotas in various places is generally in contradiction with the superior one.Judging from the system of license plate allocation,we can proceed it from the following aspects: On the one hand,On the one hand,it is necessary to strengthen the idea that the allocation of quotas belongs to administrative concessions.The Administrative Licensing Law is used as the basis to implement legislation in advance,and the legal basis and local legislative authority are clearly defined.The provinces,autonomous regions,municipalities directly under the Central Government,and the municipal people's congresses and districts that form them are the standing committees.It will be set by setting local laws and regulations.On the other hand,it will elaborate the system content that needs to be established and improved in the legislation,handle the relationship with the registration system of motor vehicles in the process of legislation on the quota system,and the specific system of application qualifications and auction model of the quota license,the license plate configuration is strictly in accordance with the Road Traffic Safety Law.The limit license is formulated by the local government to be licensed and auctioned,and from the strengthening of government information disclosure,a clear transfer mechanism and Responsibility mechanisms and other efforts have been made so that the quota allocation system will play a greater role in conformity with the law.