| With the continuous improvement of China’s social and economic level,urban transportation has also been greatly developed.While traffic participants enjoy convenient transportation,the problems caused by a series of traffic regulations have come one after another.The main reason is that the society The concept of “car-based” is serious,and it penetrates into road planning and design,signage setting,traffic management measures and traffic enforcement,resulting in repeated violations of civil rights.In China,the normative system for guaranteeing citizens’ rights in urban traffic regulation has taken initial shape.However,this normative system still has many problems such as excessively scattered norms,unclear normative principles,and insufficient guarantee effectiveness.It is difficult to meet the needs of civil rights protection in urban transportation.As a result,the violation of civil rights in urban traffic has occurred frequently,and the relief of the law has become very difficult,seriously affecting the protection of civil rights in urban transportation.To solve the protection of civil rights in urban traffic,we must first clarify the connotation of "urban traffic regulation" and the nature of civil rights in urban transportation.The academic community has conducted in-depth research and formed some consensus,but in order to more comprehensively protect the city.The civil rights in transportation can infringe upon the rights of citizens in traffic regulation,whether it is the relief after the infringement or the adjustment in the process of prevention and infringement before the infringement,which is included in the legal guarantee system of civil rights in urban transportation.On this basis,the concept of “car-oriented” in urban traffic regulation is transformed into the concept of“people-oriented”,and it is implemented in every link of urban traffic regulation,thus gradually standardizing the urban transportation legal security system.From a realistic point of view,the protection of civil rights in urban traffic regulation faces challenges such as unclear road rights,exhaust noise pollution infringing on citizens’ life andhealth,restricting traffic control measures to restrict citizens’ property rights,and traffic monitoring infringing citizens’ privacy,despite laws and regulations.In the "Road Traffic Safety Law","Air Pollution Prevention Law","Civil Law" and other laws and regulations,we can find the legal and regulatory basis for the protection of civil rights in urban traffic regulation.However,the formulation of traffic regulation policies and measures is illegal and formulated.The process is not compliant,the legal system of civil rights protection in urban transportation is scattered,and the relief system is not perfect.In this regard,we can properly learn from the advanced experience of civil rights protection in foreign urban traffic regulation,and combine the problems faced by citizens’ rights in urban transportation in China to balance the conflict between traffic regulation and civil rights.The main measures can be to clarify the legal regulation of civil rights in urban transportation,clarify the rules for the formulation and implementation of traffic management measures,strengthen traffic administrative law enforcement,strengthen the publicity and education of citizens’ rights,formulate conventions for citizens’ civilized travel,and improve the traffic monitoring and notification system. |
