| In the decisive period of building a moderately prosperous society in an all-round way,transportation plays a key role in people’s happy life as well as "clothing,food and housing".It is necessary and urgent to raise the demand of traffic travel to the "right of way" protected by laws and regulations.Defining the concept and characteristics of the right of way is not only a response to the people’s travel demand,but also an attempt to legalize the right of way.As a kind of new right,the boundary of right of way is fuzzy,and the conflict of right of way is common in reality.To clarify the research object and scope of right of way conflict,we need to use the theory of right conflict to define its connotation and extension,that is,the concept of right of way conflict.Based on the standard of the right of way,this paper puts forward the classification of the internal and external conflicts of the right of way,which is more targeted in the analysis of the causes of the two types of right of way conflicts and the exploration of the settlement mechanism.There are conflicts among right of way,right of way,right of way,right of way and right of occupation.The external conflict of right of way includes the conflict of right of way and right of environment,right of life,right of management and so on.There are many reasons for the conflict of right of way,such as the scarcity of road resources,the difference of urgency to realize the right of way,the uneven distribution of travel demand,and the negative externality of vehicles to the environment.In the analysis of the causes of the right of way conflict and the allocation of road resources,the research method of the combination of economics and law is adopted to give full play to the interdisciplinary advantages.According to the different causes and characteristics of the internal and external conflicts of the right of way,this paper puts forward the solution mechanisms respectively.The key to solve the internal conflict of right of way lies in the definition of priority.First of all,in the allocation of road resources,it is necessary to consider the traffic efficiency and avoid the occurrence of internal conflict of right of way in advance.Secondly,in the situation of right of way conflict,it is necessary to distinguish the sequence of right of way,clarify the provisions of priority right of way in various laws and regulations,and clarify the priority attribution of right of way in combination with traffic habits Finally,after the occurrence of the internal conflict of the right of way,we should use various ways to resolve the conflict,solve the dispute and redefine the boundary of the right of way.To solve the external conflict of right of way,we should first establish the rank of right of way,environment right,life right,property right and other rights,and then limit the lower rank rights to ensure the realization of the higher rank rights.Limiting the right of way also needs to protect the right of way,which needs to standardize the restriction of the right of way with the principles of legality,balance and justness of administrative law,so as to avoid the illegal and unreasonable infringement of the right of way. |
