An Analysis Of The Administrative Law Of Guangzhou's "four Stop Four" Restrictions

With the social problem of traffic congestion,the restrictions on motor vehicles have also emerged.The administrative law analysis of Guangzhou's "open four stops four" restrictions is aimed at clarifying the theoretical basis and legal basis for the design of this regulation in administrative law.The first chapter introduces the basis,main content and implementation status of the "open four stops four" system.This regulation has effectively alleviated the traffic congestion in Guangzhou since its introduction,but it has not solved all the problems.And then interprets the legal nature of the "open four stops four" limit,pointing out that this belongs to the scope of administrative behavior,the form has the characteristics of abstract administrative behavior,and other administrative normative documents produced by the Guangzhou Municipal Public Security Bureau traffic police detachment,At the same time,this provision constitutes a restriction on the right to use private property.The second chapter analyzes the formal legality of the restricted line regulations,and points out that the motor vehicle road traffic restriction measures are legal reservations.Although the restrictions on the line have legal basis,they are not clear.In addition,motor vehicle restrictions should be the "urban and rural construction and management" content of local affairs,but Guangzhou's limit regulations have a low level of effectiveness.The third chapter considers the rationality and procedural issues of the "open four stops four" limit in Guangzhou through several major principles of administrative law.According to the principle of proportionality,the requirement meets the requirements of the principle of appropriateness,and the necessity remains to be discussed.The balance needs to be explored;the introduction of this regulation does not fully guarantee the participation of the public and does not conform to the principle of due process.The fourth chapter puts forward the development suggestions of the Guangzhou city limit system in the administrative law.First,it is necessary to strengthen the guarantee of formal legality,the legal basis is clear,and the level of the main body is raised;the second is to standardize the procedures and fully protect the public participation.In order to maintain the legitimate rights and interests of the relatives;the third is to implement the principle of rationality,adjust the limit object,and consider the necessity of restrictive measures.