Legal Analysis Of Auto Purchase Restrictions

To solve the problem of traffic congestion and air pollution,Shanghai,Beijing,Guangzhou and other cities have issued a auto restriction policy.The policy issued car license restrictions through administrative means to control the number of motor vehicles with a view to solve urban traffic congestion problems.The introduction of this policy,in practice,caused a lot of controversy.It need to be analyzed theoretically.This paper is divided into three chapters.The first chapter,"the controversy surrounded the car purchase restrictions" is divided into two parts.First,we will analyzes the situation of car purchase restrictions around China from the basis,methods and content of the policy.At present there are seven cities.Car buyers obtain auto increment quota system by lottery or auction,pay the vehicle purchase tax and register car registration formalities with index.Then we will discuss the controversy of whether to restrict purchase cars both legitimate and reasonable.The second chapter,"the legality and legitimacy analysis of car purchase restrictions",mainly discuss three aspects.First elaborated the background of restriction orders.The urban traffic congestion and air pollution are becoming ever more serious,and drive the government’s own interests,prompting the government to take the restriction measures.Followed by an analysis of the legality of the purchase order.The policy caused a substantial inequalities between different subjects,in violation of the principle of equality.The policy limits the number of motor vehicles on the road by the registration,but the purpose of the registration is to manage the motor vehicles conveniently,maintain legitimate rights and interests of owners.Controlling traffic congestion and car registration does not exist between legitimate association,in violation of the principle of prohibiting improper links.Partial introduction of restriction orders did not notice,the lack of democratic participation,not fulfilled due process of law.Finally,it is the analysis of the reasonableness of the purchase order.It discusses the unreasonableness of the car purchase restrictions,mainly from the purpose of the four from the legitimacy of trade-offs based on the principle of proportionality and the principle of expansion examine.There are no causal relationship between presence of vehicles and traffic jams,environmental pollution.Congestion control and environmental protection purposes are not legitimate purposes,while not excluding the government to increase revenue,traffic management,etc.There are lots of measures to control traffic congestion,the government chooses the one which is the most harmful to the public interest,violating the principle of proportionality.The government doesn’t coordinate social relation of interests perfectly when they make decisions.It does not comply with the principle of trade-offs.The third chapter is "legal remedies satisfied restriction order".We can seek legal remedies in three ways if we elaborated satisfied restriction order.They are oversight authority,the administrative reconsideration,review of regulatory documents for the record and procuratorial supervision in administrative.There are some defects and I try to put forward proposals to improve the relevant procedures.We can refine the implementation procedures of Congressional Oversight and establish follow-up feedback mechanisms.When we do review of other regulatory documents,we can do the reasonable review of the record at the same time.Under the implementation of administrative public interest litigation in the modern context,the scope of administrative public interest litigation may include the abstract administrative act.