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Research On The Issue Of Deregistration Of Driving License In China

Posted on:2021-04-18Degree:MasterType:Thesis
Country:ChinaCandidate:D JiangFull Text:PDF
GTID:2416330623470871Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
For a long time,in the administrative licensing system,the theoretical and practical circles tend to attach importance to the review and issuance of the license,but ignore the follow-up supervision and management after the license expires.Although the cancellation system,as one of the means of administrative license follow-up supervision and management,has been frequently applied to people's life,there are few high-quality studies on the cancellation system.In this paper,deregistration is selected as the research object,and deregistration is specifically applied to the field of motor vehicle driving license,so as to put forward Suggestions for the improvement of deregistration system within the scope of ability.With the continuous improvement of people's economic level,the number of motor vehicles in China continues to increase,the number of motor vehicle drivers also presents a synchronous growth trend.By the end of June 2018,the number of motor vehicle drivers in China had reached 396 million,according to the latest data released by the traffic management bureau of the ministry of public security.This group of huge data show that motor vehicle driving license has become a very important in people's production and living of the administrative licensing,the big people driving license application demand growth,in order to meet the demand of this part,the Ministry of Public Security in apply for a motor vehicle driving license issued targeted,detailed rules,but in the driver's license cancellation is less,the rules of the and there are some problems,at the same time there have been some confusion in the process of law enforcement.This paper first theoretical analysis of the cancellation of a motor vehicle driving license,after clear the concept of the cancellation,from the perspective of "program behavior",put forward in the motor vehicle driving license cancellation belong to incidental administrative confirmed this view,and expounds the cancellation system in the field of motor vehicle driving license within the guarantee of the value of information integrity and risk prevention.Secondly,puts forward the existing regulation is not clear,the significance of the cancellation of the motor vehicle drivinglicense application and use of the provisions on its host law conflicts,cancellation of informed and announcement procedures not perfect the existing problems in the legislation,in accordance with the law and administrative law enforcement personnel for which the cancellation,cancellation and suspension of law enforcement of the confused situation,the administrative right of cancellation caused by information asymmetry difficult these issues of law enforcement.Finally,respectively,aiming at the above problems puts forward the specific motor vehicle driving license cancellation belongs to administrative confirmation,to modify the regulation of conflicts with host law,perfecting and announcement of the way and content of the proposal on the level of legislation,and put forward to strengthen law enforcement personnel in accordance with the law by the idea of cancellation,improve law enforcement quality to avoid cancel and revoke the confused situation happen in practice and improve the cancellation of driving license for internal supervision and external supervision and law enforcement personnel and drivers for accountability for law enforcement level of the proposal.
Keywords/Search Tags:Cancellation of administrative license, Motor vehicle driving license cancelled, Administrative confirmation
PDF Full Text Request
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