Research On The Legal Regulation Of Speed Limit Standard Of Expressway In China

The speed limit standard of expressway is not only the discretion standard of high-speed administrative punishment,but also the important basis for the expressway operation and management department to determine the vehicle "high-speed toll" collection,which is related to the rights,obligations and responsibilities of multiple subjects,and has established legal effect and specific legal meaning.The determination of Expressway speed limit standard should not only meet the technical requirements of Expressway driving safety,but also meet the purpose requirements of "why Expressway becomes expressway",at the same time,it should also meet the requirements of "the same level of expressway section","the speed limit is proportional to the charging" and the democratization and legalization of the determination procedure.At present,there are many problems in the speed limit standard of Expressway in our country,such as "inconsistent speed limit standard of the same level of highway","low speed of expressway","low speed limit,high toll",etc.in the process of determining the speed limit standard of expressway,there are also some outstanding problems,such as the lack of government decision-making,public participation,and the procedure is not open,opaque,illegal,etc.The difficulties are as follows: the main bodies of expressway development,management and law enforcement are divided,the system behind the phenomenon of "low speed limit and high charge" is not smoothly connected due to the driving of interests of all parties,and the abstract behavior of determining the speed limit standard of Expressway leads to the obstruction of litigation relief channels,etc.There are many ways to regulate the speed limit standard of Expressway in China.It is necessary to follow the scientific principle,the proportion principle,implement democratic decision-making,promote public participation,and improve the legal procedures for determining the speed limit standards of expressways.It is particularly important to strengthen supervision,improve the supervision mechanism of "three openness,three unification",and improve and optimize the incidental judicial review system for determining the high-speed speed limit standard.