Research On The Allocation Of Road Rights And Its Guarantee Mechanism In Urban Roads

The issue of transportation has become an important issue for the people in the modern society.As China's current urbanization rate continues to rise,the number of urban road users continues to increase,and urban traffic congestion frequently occurs.In order to solve the problem of traffic jams and improve the living environment,local governments or traffic control departments often adopt motor vehicle restrictions.Based on people's legitimate traffic needs,people should have the right to “road rights” in the law.However,in the current legal norms,the concept of “road rights” has not been clearly defined,and the discussion of road rights in the legal norm has become have to.This article takes the theory of rights as the research paradigm,the object of the study is the road rights of urban roads,and it is expected to study the theory of road rights to establish a theoretical system of road rights.Road rights not only involve the fields discussed by the Constitution and the administrative law,but also the fields that other disciplines scramble to study.Therefore,this paper tries to combine the research results of other disciplines as far as possible,including but not limited to the knowledge of traffic engineering,transport sociology and other disciplines.To supplement the legal research perspective,in order to respond to real problems.This article is mainly based on the rights as the starting point.In the first chapter,the concept of urban road rights is proved through the perspective of rights,and the theoretical differences of the concept of urban road rights are outlined.Some scholars believe that there is no concept of road rights in an independent sense.Right of way rights is only a reflection of interests,and it only belongs to general public use.The existing concept of “road rights” does not have substantive rights.From the perspective of the theory of rights,this article demonstrates the legitimacy of right-of-way right from the right basis of right-rights legitimate traffic needs and the basis of necessity with both social rights and freedom.At the same time,it is necessary to explain the legal right to establish "road rights" in terms of the normalization of "rights" in current road trips and the lack of protection of rights.The second chapter focuses on the constituent elements of the road rights of urban roads.The main body of rights of urban road rights is the "road users",and the "road users" are essentially natural persons.Vehicles cannot be the subject of right of road rights.Vehicles are just tools or means of realizing rights.This paper analyzes the current risk of traffic accidents in new vehicles such as electric balance cars,and discusses how to regulate new vehicles with the perspective of road rights.The third chapter,using the "Law on Road Traffic Safety" to amend the local legislative norms of "hit and crash" as an entry point,analyzes the status quo of China's road rights and conflicts with the priority of efficiency.On the other hand,the third chapter analyzes the phenomenon of “limitation of movement” and “limitation of licensing” in various parts of China,and expounds that public interest is the necessary theoretical basis for the implementation of measures to “restrict normalization”,and at the same time,it must also follow the principle of proportionality to restrict citizens.s right.In a word,the road rights conflict is the concrete manifestation of the conflict of common interests,and it is a kind of right boundary that is blurred and the rights are crossed.The way to resolve the right-to-road conflict is to establish a reasonable distribution mechanism for urban road rights.There is bound to be the right to protect the rights,and no right to no relief.The road rights not only have the property of free rights,but also have the attribute of certain social rights.The right-of-way rights subjects can request the state to assume the non-infringement rights and to provide a certain degree of social rights to the citizens.The payment.Therefore,the construction of a right-right legal system that balances the distribution of benefits is an inevitable requirement to ensure the realization of the right-to-road rights,so as to ensure that the road rights in the sense of “moral” can be truly translated into real rights.