A Study On The Administrative Legitimacy Of Motor Vehicle Restriction Measures

In order to cope with a series of social problems such as traffic jam and air pollution caused by the growing number of motor vehicles,Beijing,Shanghai,Hangzhou and other cities have adopted different measures such as tail number restrictions,foreign license restrictions and so on.Since the purpose,method,legal basis and other contents of the traffic restriction measures vary from place to place,the legal character is also different.Combine the theories of administrative law,the traffic restrictions in some areas restrict citizens' freedom of driving to maintain the traffic and control air pollution,which actually are the imperative administrative acts under the command-and-control mentality.However,in some areas,citizens are given the right to drive on specific roads,so as to effectively allocate road resources.This restriction is essentially a management measure for road using.Social management restriction measures are essentially a means of government regulation.They must adhere to the strict legalist principle of ‘law without authorization cannot be done',which must have explicit authorization from the law to limit citizens' rights.The main body and content of the social management traffic restriction measures exceed the authorization of the Road Traffic Safety Law,the authorization of Air Pollution Control Law is also equivocal which does not meet the principle of definiteness.In terms of rationality,the social management restriction measures are based on the purpose of reducing air pollution and alleviating traffic jam,but the effect is not obvious and effective by comparing with other measures.Public property management restriction measures are management measures for road using,and roads are owned by the state is the legitimate basis.However,the existing traffic restriction measures use road resource franchises as a prerequisite for motor vehicle registration,which violates the relevant provisions in the Administrative Licensing Law and has defects in form.In terms of rationality,public property management restrictive measures allocate limited road resources through the creation of franchises.Citizens have a greater right of self-selection.Compared with other restrictive measures,they are much less harmful to citizens.At the same time,road franchises can also increase local fiscal revenue,which is conducive to transportation infrastructure construction and can bring more social benefits.As road resources are limited,administrative organizations can adjust road usage rules to maximize the use of roads.The development of science and technology provides the possibility to implement the congestion charge.However,under the existing legal system,local governments do not have the power to charge a congestion fee.the implementation of congestion fees still has legal obstacles.With the authorization of Administrative Licensing Law,local governments have greater autonomy.The existing motor vehicle license limit system also provides a basis for the creation of road franchises.Through the adjustment of the existing motor vehicle license limit system,separating road franchises from motor vehicle registration,establishing separate road franchises,and establishing related system to improve their management are the legalization of current motor vehicle restrictions in China.